Reports for H.R.2112

Report text available as:

112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-284
_______________________________________________________________________
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2012, AND FOR OTHER PURPOSES
----------
CONFERENCE REPORT
to accompany
H.R. 2112
November 14, 2011.--Ordered to be printed
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2012, AND FOR OTHER PURPOSES
112th Congress
1st Session HOUSE OF REPRESENTATIVES Report
112-284
_______________________________________________________________________
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2012, AND FOR OTHER PURPOSES
__________
CONFERENCE REPORT
to accompany
H.R. 2112
November 14, 2011.--Ordered to be printed
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-284
======================================================================
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2012, AND FOR OTHER PURPOSES
_______
November 14, 2011.--Ordered to be printed
_______
Mr. Rogers of Kentucky, from the Committee of Conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 2112]
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate to the bill
(H.R. 2112), making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2012, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated and Further
Continuing Appropriations Act, 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $4,550,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
Office of Tribal Relations
For necessary expenses of the Office of Tribal Relations,
$448,000, to support communication and consultation activities
with Federally Recognized Tribes, as well as other requirements
established by law.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $11,177,000.
national appeals division
For necessary expenses of the National Appeals Division,
$12,841,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $8,946,000.
office of homeland security and emergency coordination
For necessary expenses of the Office of Homeland Security
and Emergency Coordination, $1,321,000.
Office of Advocacy and Outreach
For necessary expenses of the Office of Advocacy and
Outreach, $1,209,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $44,031,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,650,000: Provided, That no funds made available by
this appropriation may be obligated for FAIR Act or Circular A-
76 activities until the Secretary has submitted to the
Committees on Appropriations of both Houses of Congress and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the Department's contracting out
policies, including agency budgets for contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $848,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$21,000,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant
Secretary for Administration, $764,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 486,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $230,416,000, to remain
available until expended, of which $164,470,000 shall be
available for payments to the General Services Administration
for rent; of which $13,800,000 for payment to the Department of
Homeland Security for building security activities; and of
which $52,146,000 for buildings operations and maintenance
expenses: Provided, That the Secretary may use unobligated
prior year balances of an agency or office that are no longer
available for new obligation to cover shortfalls incurred in
prior year rental payments for such agency or office: Provided
further, That the Secretary is authorized to transfer funds
from a Departmental agency to this account to recover the full
cost of the space and security expenses of that agency that are
funded by this account when the actual costs exceed the agency
estimate which will be available for the activities and
payments described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $3,592,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $24,165,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and necessary
for the practical and efficient work of the Department:
Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs
funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,576,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level:
Provided further, That no funds made available by this
appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on the
allocation of these funds by USDA agency: Provided further,
That no other funds appropriated to the Department by this Act
shall be available to the Department for support of activities
of congressional relations.
Office of Communications
For necessary expenses of the Office of Communications,
$8,065,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $85,621,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and
private persons pursuant to section 6(a)(9) of the Inspector
General Act of 1978, and including not to exceed $125,000 for
certain confidential operational expenses, including the
payment of informants, to be expended under the direction of
the Inspector General pursuant to Public Law 95-452 and section
1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $39,345,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education and Economics, $848,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$77,723,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $158,616,000, of which up to $41,639,000
shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,094,647,000:
Provided, That appropriations hereunder shall be available for
the operation and maintenance of aircraft and the purchase of
not to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$375,000, except for headhouses or greenhouses which shall each
be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each,
and the cost of altering any one building during the fiscal
year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained
in this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by
law.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $705,599,000, as follows: to carry out the
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$236,334,000; for grants for cooperative forestry research (16
U.S.C. 582a through a-7), $32,934,000; for payments to eligible
institutions (7 U.S.C. 3222), $50,898,000, provided that each
institution receives no less than $1,000,000; for special
grants (7 U.S.C. 450i(c)), $4,000,000; for competitive grants
on improved pest control (7 U.S.C. 450i(c)), $15,830,000; for
competitive grants (7 U.S.C. 450(i)(b)), $264,470,000, to
remain available until expended; for the support of animal
health and disease programs (7 U.S.C. 3195), $4,000,000; for
supplemental and alternative crops and products (7 U.S.C.
3319d), $825,000; for grants for research pursuant to the
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,081,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to
section 536 of Public Law 103-382 (7 U.S.C. 301 note),
$1,801,000, to remain available until expended; for rangeland
research grants (7 U.S.C. 3333), $961,000; for the veterinary
medicine loan repayment program under section 1415A of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3151a), $4,790,000, to remain available
until expended; for grants and fellowships for food and
agricultural sciences education under paragraphs (1), (5), and
(6) of section 1417(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)),
$9,000,000, to remain available until expended; for an
education grants program for Hispanic-serving Institutions (7
U.S.C. 3241), $9,219,000; for competitive grants for the
purpose of carrying out all provisions of 7 U.S.C. 3156 to
individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded
equally to each of the States of Alaska and Hawaii, $3,194,000;
for a secondary agriculture education program and 2-year post-
secondary education, (7 U.S.C. 3152(j)), $900,000; for
aquaculture grants (7 U.S.C. 3322), $3,920,000; for sustainable
agriculture research and education (7 U.S.C. 5811),
$14,471,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222, $19,336,000, to remain available
until expended (7 U.S.C. 2209b); for capacity building grants
for non-land-grant colleges of agriculture (7 U.S.C. 3319i),
$4,500,000, to remain available until expended; for competitive
grants for policy research (7 U.S.C. 3155), $4,000,000, which
shall be obligated within 120 days of the enactment of this
Act; for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382, $3,335,000; for resident
instruction grants for insular areas under section 1491 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3363), $900,000; for distance education
grants for insular areas under section 1490 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3362), $750,000; for a competitive grants
program for farm business management and benchmarking (7 U.S.C.
5925f), $1,450,000; for a competitive grants program regarding
biobased energy (7 U.S.C. 8114), $2,200,000; and for necessary
expenses of Research and Education Activities, $10,500,000, of
which $2,600,000 for the Research, Education, and Economics
Information System and $2,000,000 for the Electronic Grants
Information System, are to remain available until expended.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $475,183,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents, $294,000,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$4,312,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$67,934,000; payments for the pest management program under
section 3(d) of the Act, $9,918,000; payments for the farm
safety program and youth farm safety education and
certification extension grants under section 3(d) of the Act,
$4,610,000; payments for New Technologies for Agriculture
Extension under section 3(d) of the Act, $1,550,000; payments
to upgrade research, extension, and teaching facilities at
institutions eligible to receive funds under 7 U.S.C. 3221 and
3222, $19,730,000, to remain available until expended; payments
for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $7,600,000; payments for carrying out the provisions
of the Renewable Resources Extension Act of 1978 (16 U.S.C.
1671 et seq.), $3,700,000; payments for the federally
recognized Tribes Extension Program under section 3(d) of the
Smith-Lever Act, $3,039,000; payments for sustainable
agriculture programs under section 3(d) of the Act, $4,696,000;
payments for rural health and safety education as authorized by
section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)),
$1,500,000; payments for cooperative extension work by eligible
institutions (7 U.S.C. 3221), $42,592,000, provided that each
institution receives no less than $1,000,000; for grants to
youth organizations pursuant to 7 U.S.C. 7630, $750,000;
payments to carry out the food animal residue avoidance
database program as authorized by 7 U.S.C. 7642, $1,000,000;
payments to carry out section 1672(e)(49) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925), as amended, $400,000; and for necessary expenses of
Extension Activities, $7,852,000.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$21,482,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$14,496,000, including $4,500,000 for the water quality
program, $4,000,000 for regional pest management centers,
$1,996,000 for the methyl bromide transition program, and
$4,000,000 for the organic transition program; $998,000 for the
regional rural development centers program; and $5,988,000 for
the Food and Agriculture Defense Initiative authorized under
section 1484 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977, to remain available until
September 30, 2013.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $848,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for representation
allowances and for expenses pursuant to the Foreign Service Act
of 1980 (22 U.S.C. 4085), $816,534,000, of which $1,000,000, to
be available until expended, shall be available for the control
of outbreaks of insects, plant diseases, animal diseases and
for control of pest animals and birds (``contingency fund'') to
the extent necessary to meet emergency conditions; of which
$17,848,000, to remain available until expended, shall be used
for the cotton pests program for cost share purposes or for
debt retirement for active eradication zones; of which
$32,500,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $696,000 shall be
for activities under the authority of the Horse Protection Act
of 1970, as amended (15 U.S.C. 1831); of which $52,000,000, to
remain available until expended, shall be used to support avian
health; of which $4,335,000, to remain available until
expended, shall be for information technology infrastructure;
of which $153,950,000, to remain available until expended,
shall be for specialty crop pests; of which, $9,068,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $55,638,000, to remain
available until expended, shall be for tree and wood pests; of
which $2,750,000, to remain available until expended, shall be
for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for
the scrapie program for indemnities; of which $1,000,000, to
remain available until expended, shall be for wildlife services
methods development; of which $1,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety; and up to 25 percent of the
screwworm program shall remain available until expended:
Provided, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four,
of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of
the agricultural production industry of this country, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants,
and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751
and 7772), and any unexpended balances of funds transferred for
such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7
U.S.C. 2250) for the repair and alteration of leased buildings
and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2012, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance,
goods, or services provided to the entity by the agency, and
such fees shall be reimbursed to this account, to remain
available until expended, without further appropriation, for
providing such assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
428a, $3,200,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $82,211,000: Provided, That this appropriation shall
be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $62,101,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and (3)
not more than $20,056,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,198,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $37,750,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $49,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $770,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $50,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $1,004,427,000; and in addition,
$1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade
Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for
the Public Health Data Communication Infrastructure system
shall remain available until expended: Provided further, That
no fewer than 148 full-time equivalent positions shall be
employed during fiscal year 2012 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods of
Slaughter Act: Provided further, That the Food Safety and
Inspection Service shall continue implementation of section
11016 of Public Law 110-246: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $848,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,198,966,000, of which $13,000,000 shall be for the Common
Computing Environment and of which not less than $66,685,000
shall be for Modernize and Innovate the Delivery of
Agricultural Systems: Provided, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to make
program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency
for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to
county committees shall remain available until expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,759,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2), $3,817,000, to remain
available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be necessary,
to remain available until expended: Provided, That such
program is carried out by the Secretary in the same manner as
the dairy indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-
12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), boll weevil loans (7 U.S.C.
1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund,
as follows: $1,500,000,000 for unsubsidized guaranteed farm
ownership loans and $475,000,000 for farm ownership direct
loans; $1,500,000,000 for unsubsidized guaranteed operating
loans and $1,050,090,000 for direct operating loans; Indian
tribe land acquisition loans, $2,000,000; guaranteed
conservation loans, $150,000,000; Indian highly fractionated
land loans, $10,000,000; and for boll weevil eradication
program loans, $100,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: farm
ownership, $22,800,000 for direct loans; farm operating loans,
$26,100,000 for unsubsidized guaranteed operating loans,
$59,120,000 for direct operating loans; and Indian highly
fractionated land loans, $193,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $297,632,000, of
which $289,728,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency,
$74,900,000: Provided, That the funds made available under
section 522(e) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)) may be used for the Common Information Management
System: Provided further, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of section
107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42
U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $848,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of measures
to conserve soil and water (including farm irrigation and land
drainage and such special measures for soil and water
management as may be necessary to prevent floods and the
siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of
information; acquisition of lands, water, and interests therein
for use in the plant materials program by donation, exchange,
or purchase at a nominal cost not to exceed $100 pursuant to
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and
erection or alteration or improvement of permanent and
temporary buildings; and operation and maintenance of aircraft,
$828,159,000, to remain available until September 30, 2013, of
which $12,500,000 shall be for the Common Computing
Environment: Provided, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for construction and
improvement of buildings and public improvements at plant
materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7
U.S.C. 2250a.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $15,000,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $848,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the
development and operation of agricultural cooperatives; and for
cooperative agreements; $182,023,000, of which $4,500,000 shall
be for the Common Computing Environment: Provided, That
notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support the Rural Development mission area:
Provided further, That any balances available from prior years
for the Rural Utilities Service, Rural Housing Service, and the
Rural Business--Cooperative Service salaries and expenses
accounts shall be transferred to and merged with this
appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $900,000,000 shall be for direct
loans and $24,000,000,000 shall be for unsubsidized guaranteed
loans; $10,000,000 for section 504 housing repair loans;
$64,478,000 for section 515 rental housing; $130,000,000 for
section 538 guaranteed multi-family housing loans; $10,000,000
for credit sales of single family housing acquired property;
and $5,000,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $42,570,000 shall be for direct loans; section 504
housing repair loans, $1,421,000; and repair, rehabilitation,
and new construction of section 515 rental housing,
$22,000,000: Provided, That the Secretary may charge a
guarantee fee of up to 4 percent on section 502 guaranteed
loans: Provided further, That to support the loan program
level for section 538 guaranteed loans made available under
this heading the Secretary may charge or adjust any fees to
cover the projected cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be subsidized:
Provided further, That of the total amount appropriated in
this paragraph, the amount equal to the amount of Rural Housing
Insurance Fund Program Account funds allocated by the Secretary
for Rural Economic Area Partnership Zones for the fiscal year
2011, shall be available through June 30, 2012, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by 42 U.S.C. 1484 and 1486,
$14,200,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing grants
and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred and merged with
this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $430,800,000 shall
be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Housing Act of 1949, $904,653,000; and, in addition, such
sums as may be necessary, as authorized by section 521(c) of
the Act, to liquidate debt incurred prior to fiscal year 1992
to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That of this amount not less
than $1,500,000 is available for newly constructed units
financed by section 515 of the Housing Act of 1949, and not
less than $2,500,000 is for newly constructed units financed
under sections 514 and 516 of the Housing Act of 1949:
Provided further, That rental assistance agreements entered
into or renewed during the current fiscal year shall be funded
for a 1-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may
be transferred and used for the purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That
rental assistance provided under agreements entered into prior
to fiscal year 2012 for a farm labor multi-family housing
project financed under section 514 or 516 of the Act may not be
recaptured for use in another project until such assistance has
remained unused for a period of 12 consecutive months, if such
project has a waiting list of tenants seeking such assistance
or the project has rental assistance eligible tenants who are
not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable,
be applied to another farm labor multi-family housing project
financed under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $13,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $11,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of such
voucher shall be the difference between comparable market rent
for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with
current regulations and administrative guidance applicable to
section 8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided further,
That if the Secretary determines that the amount made available
for vouchers in this or any other Act is not needed for
vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this
paragraph: Provided further, That of the funds made available
under this heading, $2,000,000 shall be available for a
demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring:
Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided
further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring
program similar to the demonstration program described herein,
the Secretary may use funds made available for the
demonstration program under this heading to carry out such
legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to
remain available until expended: Provided, That of the total
amount appropriated under this heading, the amount equal to the
amount of Mutual and Self-Help Housing Grants allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2011, shall be available through June 30, 2012, for
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
rural housing assistance grants
For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation for
construction defects, and rural housing preservation made by
the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1490e, and 1490m, $33,136,000, to remain available
until expended: Provided, That of the total amount
appropriated under this heading, the amount equal to the amount
of Rural Housing Assistance Grants allocated by the Secretary
for Rural Economic Area Partnership Zones for the fiscal year
2011, shall be available through June 30, 2012, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and described
in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $1,300,000,000 for direct loans and
$105,708,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, $5,000,000, to remain available until
expended.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$24,291,000, to remain available until expended: Provided,
That $3,621,000 of the amount appropriated under this heading
shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to
improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That
such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to
carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal
funds for related activities, in an amount not less than funds
provided: Provided further, That $5,938,000 of the amount
appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and
severe economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $3,369,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That of the amount appropriated under this heading,
the amount equal to the amount of Rural Community Facilities
Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2011, shall
be available through June 30, 2012, for communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones for the rural community programs described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That sections 381E-H and
381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by sections 306 and
310B and described in sections 310B(f) and 381E(d)(3) of the
Consolidated Farm and Rural Development Act, $74,809,000, to
remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall
be made available for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development and
$2,900,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 2009aa et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the
Consolidated Farm and Rural Development Act, of which not more
than 5 percent may be used for administrative expenses:
Provided further, That $4,000,000 of the amount appropriated
under this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide
technical assistance for rural transportation in order to
promote economic development: Provided further, That of the
amount appropriated under this heading, the amount equal to the
amount of Rural Business Program Account funds allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2011, shall be available through June 30, 2012, for
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones for the rural business and
cooperative development programs described in section
381E(d)(3) of the Consolidated Farm and Rural Development Act:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$17,710,000.
For the cost of direct loans, $6,000,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$875,000 shall be available through June 30, 2012, for
Federally Recognized Native American Tribes; and of which
$1,750,000 shall be available through June 30, 2012, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That of the total amount appropriated under this
heading, the amount equal to the amount of Rural Development
Loan Fund Program Account funds allocated by the Secretary for
Rural Economic Area Partnership Zones for the fiscal year 2011,
shall be available through June 30, 2012, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,684,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $155,000,000 shall not be
obligated and $155,000,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $25,050,000, of which $2,250,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$3,000,000 shall be for grants for cooperative development
centers, individual cooperatives, or groups of cooperatives
that serve socially disadvantaged groups and a majority of the
boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged
groups; and of which $14,000,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 231 of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note).
rural energy for america program
For the cost of a program of loan guarantees and grants,
under the same terms and conditions as authorized by section
9007 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107), $3,400,000: Provided, That the cost of loan
guarantees, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm
and Rural Development Act, $513,000,000, to remain available
until expended, of which not to exceed $497,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000
shall be available for the rural utilities program described in
section 306E of such Act: Provided, That $66,500,000 of the
amount appropriated under this heading shall be for loans and
grants including water and waste disposal systems grants
authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm
and Rural Development Act, Federally recognized Native American
Tribes authorized by 306C(a)(1), and the Department of Hawaiian
Home Lands (of the State of Hawaii): Provided further, That
funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided
further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by the State of Alaska for training and
technical assistance programs and not more than 2 percent of
the funding provided for section 306D of the Consolidated Farm
and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $19,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of such
Act, unless the Secretary makes a determination of extreme
need, of which $5,750,000 shall be made available for a grant
to a qualified non-profit multi-state regional technical
assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall
be for a qualified national Native American organization to
provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $15,000,000
of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That not to exceed $3,400,000 shall
be for solid waste management grants: Provided further, That
of the amount appropriated under this heading, the amount equal
to the amount of Rural Water and Waste Disposal Program Account
funds allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2011, shall be available
through June 30, 2012, for communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones for the rural utilities programs described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That $9,500,000 of the amount appropriated
under this heading shall be transferred to, and merged with,
the Rural Utilities Service, High Energy Cost Grants Account to
provide grants authorized under section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a): Provided further,
That any prior year balances for high energy cost grants
authorized by section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a) shall be transferred to and merged with
the Rural Utilities Service, High Energy Cost Grants Account:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural Electrification
Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: 5
percent rural electrification loans, $100,000,000; loans made
pursuant to section 306 of that Act, rural electric,
$6,500,000,000; guaranteed underwriting loans pursuant to
section 313A, $424,286,000; 5 percent rural telecommunications
loans, $145,000,000; cost of money rural telecommunications
loans, $250,000,000; and for loans made pursuant to section 306
of that Act, rural telecommunications loans, $295,000,000:
Provided, That up to $2,000,000,000 shall be used for the
construction, acquisition, or improvement of fossil-fueled
electric generating plants (whether new or existing) that
utilize carbon sequestration systems.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, as follows: $594,000 for guaranteed
underwriting loans authorized by section 313A of the Rural
Electrification Act of 1936 (7 U.S.C. 940c-1).
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $36,382,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $212,014,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$21,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading for
grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all
of the eligibility criteria for a consortium as established by
this section: Provided further, That $3,000,000 shall be made
available to those noncommercial educational television
broadcast stations that serve rural areas and are qualified for
Community Service Grants by the Corporation for Public
Broadcasting under section 396(k) of the Communications Act of
1934, including associated translators and repeaters,
regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control over
digital content and programming through the use of high
definition broadcast, multi-casting and datacasting
technologies.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $6,000,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $10,372,000, to remain available until
expended, for a grant program to finance broadband transmission
in rural areas eligible for Distance Learning and Telemedicine
Program benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition and Consumer Services, $770,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), except sections 17 and 21; $18,151,176,000, to remain
available through September 30, 2013, of which such sums as are
made available under section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the
same time period and purposes as provided herein: Provided,
That of the total amount available, $16,516,000 shall be
available to carry out section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.): Provided further, That of the
total amount available, $1,000,000 shall be available to
implement section 23 of the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq): Provided further, That section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008
is amended by adding at the end before the period, ``except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), except sections 17 and 21''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,618,497,000, to remain available through September 30, 2013:
Provided, That notwithstanding section 17(h)(10) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), of the amounts
made available under this heading, only the provisions of
section 17(h)(10)(B)(iii) shall be effective in fiscal year
2012 (excluding performance bonus payments), for which not less
than $60,000,000 shall be used for breast-feeding peer
counselors and other related activities: Provided further,
That funds made available for the purposes specified in section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall only be made
available upon a determination by the Secretary that funds are
available to meet caseload requirements without the use of the
contingency reserve funds: Provided further, That none of the
funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $80,401,722,000, of which
$3,000,000,000, to remain available through September 30, 2013,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program
operations: Provided, That funds provided herein shall be
expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $1,000,000 may be used to
provide nutrition education services to state agencies and
Federally recognized tribes participating in the Food
Distribution Program on Indian Reservations: Provided further,
That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available until expended, notwithstanding section 16(h)(1) of
the Food and Nutrition Act of 2008: Provided further, That
funds made available under this heading may be used to enter
into contracts and employ staff to conduct studies,
evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $242,336,000, to
remain available through September 30, 2013: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2012 to support the Seniors Farmers' Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2013: Provided further, That of the
funds made available under section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use
up to 10 percent for costs associated with the distribution of
commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $138,500,000: Provided, That $2,000,000
shall be used for the purposes of section 4404 of Public Law
107-171, as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $176,347,000: Provided, That
the Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to $2,000,000
of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the
Foreign Agricultural Service, shall remain available until
expended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the Food
for Progress Act of 1985, $2,500,000, shall be transferred to
and merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses'': Provided, That funds made available
for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I
ocean freight differential may be used interchangeably between
the two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law 83-
480, as amended), for commodities supplied in connection with
dispositions abroad under title II of said Act, $1,466,000,000,
to remain available until expended.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and GSM
103, $6,820,000; to cover common overhead expenses as permitted
by section 11 of the Commodity Credit Corporation Charter Act
and in conformity with the Federal Credit Reform Act of 1990,
of which $6,465,000 shall be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $355,000 shall be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $184,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services, facilities,
and authorities for the purpose of implementing such section,
subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $3,788,336,000: Provided, That of the amount provided
under this heading, $702,172,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h shall
be credited to this account and remain available until
expended, and shall not include any fees pursuant to 21 U.S.C.
379h(a)(2) and (a)(3) assessed for fiscal year 2013 but
collected in fiscal year 2012; $57,605,000 shall be derived
from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until
expended; $21,768,000 shall be derived from animal drug user
fees authorized by section 740 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-12), and shall be credited to this
account and remain available until expended; $5,706,000 shall
be derived from animal generic drug user fees authorized by
section 741 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-21), and shall be credited to this account and
shall remain available until expended; $477,000,000 shall be
derived from tobacco product user fees authorized by 21 U.S.C.
387s and shall be credited to this account and remain available
until expended; $12,364,000 shall be derived from food and feed
recall fees authorized by section 743 of the Federal Food,
Drug, and Cosmetic Act (Public Law 75-717), as amended by the
Food Safety Modernization Act (Public Law 111-353), and shall
be credited to this account and remain available until
expended; $14,700,000 shall be derived from food reinspection
fees authorized by section 743 of the Federal Food, Drug, and
Cosmetic Act (Public Law 75-717), as amended by the Food Safety
Modernization Act (Public Law 111-353), and shall be credited
to this account and remain available until expended; and
amounts derived from voluntary qualified importer program fees
authorized by section 743 of the Federal Food, Drug, and
Cosmetic Act (Public Law 75-717), as amended by the Food Safety
Modernization Act (Public Law 111-353), and shall be credited
to this account and remain available until expended: Provided
further, That in addition and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees that exceed the fiscal year 2012
limitation are appropriated and shall be credited to this
account and remain available until expended: Provided further,
That fees derived from prescription drug, medical device,
animal drug, animal generic drug, and tobacco product
assessments for fiscal year 2012 received during fiscal year
2012, including any such fees assessed prior to fiscal year
2012 but credited for fiscal year 2012, shall be subject to the
fiscal year 2012 limitations: Provided further, That none of
these funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$882,747,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $978,705,000 shall be for the Center
for Drug Evaluation and Research and related field activities
in the Office of Regulatory Affairs, of which no less than
$52,947,000 shall be available for the Office of Generic Drugs;
(3) $329,136,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the
Office of Regulatory Affairs; (4) $166,365,000 shall be for the
Center for Veterinary Medicine and for related field activities
in the Office of Regulatory Affairs; (5) $356,909,000 shall be
for the Center for Devices and Radiological Health and for
related field activities in the Office of Regulatory Affairs;
(6) $60,039,000 shall be for the National Center for
Toxicological Research; (7) $454,751,000 shall be for the
Center for Tobacco Products and for related field activities in
the Office of Regulatory Affairs; (8) not to exceed
$131,639,000 shall be for Rent and Related activities, of which
$43,981,000 is for White Oak Consolidation, other than the
amounts paid to the General Services Administration for rent;
(9) not to exceed $205,472,000 shall be for payments to the
General Services Administration for rent; and (10) $222,573,000
shall be for other activities, including the Office of the
Commissioner of Food and Drugs, the Office of Foods, the Office
of Medical and Tobacco Products, the Office of Global and
Regulatory Policy, the Office of Operations, the Office of the
Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount
shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, and priority review user fees authorized by 21 U.S.C. 360n
may be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or
used by the Food and Drug Administration, where not otherwise
provided, $8,788,000, to remain available until expended.
INDEPENDENT AGENCIES
commodity futures trading commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $205,294,000, to remain available until
September 30, 2013, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed
$25,000 for the expenses for consultations and meetings hosted
by the Commission with foreign governmental and other
regulatory officials, and of which $55,000,000 shall remain
available for information technology investments until
September 30, 2014.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $61,000,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 204 passenger motor vehicles of
which 170 shall be for replacement only, and for the hire of
such vehicles: Provided, That notwithstanding this section,
the only purchase of new passenger vehicles shall be for those
determined by the Secretary to be necessary for transportation
safety, to reduce operational costs, and for the protection of
life, property, and public safety.
Sec. 702. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary balances
of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary
for the delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any
changes to the Department's National Finance Center without
written notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 711 of this Act: Provided further, That of annual
income amounts in the Working Capital Fund of the Department of
Agriculture allocated for the National Finance Center, the
Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement and implementation of a financial
management plan, information technology, and other systems of
the National Finance Center or to pay any unforeseen,
extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available
for obligation unless the Secretary submits written
notification of the obligation to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the limitation on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue operations
of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication Loans
program account, and the Rural Housing Insurance Fund program
account.
Sec. 706. Hereafter, none of the funds appropriated by
this Act may be used to carry out section 410 of the Federal
Meat Inspection Act (21 U.S.C. 679a) or section 30 of the
Poultry Products Inspection Act (21 U.S.C. 471).
Sec. 707. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without written notification to
and the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That none of the
funds available to the Department of Agriculture for
information technology shall be obligated for projects over
$25,000 prior to receipt of written approval by the Chief
Information Officer.
Sec. 708. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 and section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year.
Sec. 709. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such Act
in the same manner as a borrower under such Act.
Sec. 710. Notwithstanding any other provision of law, for
the purposes of a grant under section 412 of the Agricultural
Research, Extension, and Education Reform Act of 1998, none of
the funds in this or any other Act may be used to prohibit the
provision of in-kind support from non-Federal sources under
section 412(e)(3) of such Act in the form of unrecovered
indirect costs not otherwise charged against the grant,
consistent with the indirect rate of cost approved for a
recipient.
Sec. 711. Except as otherwise specifically provided by
law, unobligated balances remaining available at the end of the
fiscal year from appropriations made available for salaries and
expenses in this Act for the Farm Service Agency and the Rural
Development mission area, shall remain available through
September 30, 2013, for information technology expenses.
Sec. 712. The Secretary of Agriculture may authorize a
State agency to use funds provided in this Act to exceed the
maximum amount of liquid infant formula specified in 7 C.F.R.
246.10 when issuing liquid infant formula to participants.
Sec. 713. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 714. In the case of each program established or
amended by the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), other than by title I or subtitle A of
title III of such Act, that is authorized or required to be
carried out using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and
related administrative expenses, including technical
assistance, associated with the implementation of the
program, without regard to the limitation on the total
amount of allotments and fund transfers contained in
section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall
not be considered to be a fund transfer or allotment
for purposes of applying the limitation on the total
amount of allotments and fund transfers contained in
such section.
Sec. 715. Notwithstanding any other provision of law, the
requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for
any amounts higher than those specified under this authority
for fiscal year 2010.
Sec. 716. (a) Clause (ii) of section 524(b)(4)(B) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is
amended--
(1) in the heading, by striking ``fiscal years 2008
through 2012'' and inserting ``certain fiscal years'';
and
(2) in the text, by striking ``2012'' and inserting
``2014''.
(b) Section 1238E(a) of the Food Security Act of 1985 (16
U.S.C. 3838e(a)) is amended by striking ``2012'' and inserting
``2014''.
(c) Section 1240B(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(a)) is amended by striking ``2012'' and
inserting ``2014''.
(d) Section 1241(a)(6)(E) of the Food Security Act of 1985
(16 U.S.C. 3841(a)(6)(E)) is amended by striking ``fiscal year
2012'' and inserting ``each of fiscal years 2012 through
2014''.
(e) Section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by
striking ``2012,'' and inserting ``2012 (and fiscal
year 2014 in the case of the programs specified in
paragraphs (3)(B), (4), (6), and (7)),''; and
(2) in paragraph (4)(E), by striking ``fiscal year
2012'' and inserting ``each of fiscal years 2012
through 2014''.
(f) Section 1241(a)(7)(D) of the Food Security Act of 1985
(16 U.S.C. 3841(a)(7)(D)) is amended by striking ``2012'' and
inserting ``2014''.
Sec. 717. Appropriations to the Department of Agriculture
made available in fiscal years 2005, 2006, and 2007 to carry
out section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb) for the cost of direct loans shall remain
available until expended to disburse valid obligations.
Sec. 718. None of the funds made available in fiscal year
2012 or preceding fiscal years for programs authorized under
the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of
$20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under
section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act
(7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall
only be used pursuant to section 302(b)(2)(B)(i) of the Bill
Emerson Humanitarian Trust Act.
Sec. 719. Of the funds made available by this Act, not
more than $1,800,000 shall be used to cover necessary expenses
of activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 720. None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the
National Institute of Food and Agriculture that exceed 30
percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small
Business Act (15 U.S.C. 638).
Sec. 721. None of the funds made available by this or any
other Act may be used to write, prepare, or publish a final
rule or an interim final rule in furtherance of, or otherwise
to implement, ``Implementation of Regulations Required Under
Title XI of the Food, Conservation and Energy Act of 2008;
Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June 22,
2010)) unless the combined annual cost to the economy of such
rules do not exceed $100,000,000: Provided, That no funds be
made available by this or any other Act to publish a final or
interim final rule in furtherance of, or otherwise implement,
proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c),
201.210, 201.211, 201.213, or 201.214 of ``Implementation of
Regulations Required Under Title XI of the Food, Conservation
and Energy Act of 2008; Conduct in Violation of the Act'' (75
Fed. Reg. 35338 (June 22, 2010)): Provided further, That such
rules must be published in the Federal Register no later than
December 9, 2011: Provided further, That none of the funds
made available by this or any other Act may be used to
implement such rules until 60 days from the publication date of
such rules, and only unless such rules are otherwise in
compliance with this section.
Sec. 722. Any unobligated funds included under Treasury
symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277,
12X1404, 12X1501, and 12X1336 are hereby rescinded.
Sec. 723. Of the unobligated balances provided pursuant to
section 16(h)(1)(A) of the Food and Nutrition Act of 2008,
$11,000,000 are hereby rescinded.
Sec. 724. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 725. Subject to authorization by the Congress, the
Secretary may reserve, through April 1, 2012, up to 5 percent
of the funding available for the following items for projects
in areas that are engaged in strategic regional development
planning as defined by the Secretary: business and industry
guaranteed loans; rural development loan fund; rural business
enterprise grants; rural business opportunity grants; rural
economic development program; rural microenterprise program;
biorefinery assistance program; rural energy for America
program; value-added producer grants; broadband program; water
and waste program; and rural community facilities program.
Sec. 726. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the following:
(1) The Conservation Stewardship Program authorized
by sections 1238D-1238G of the Food Security of Act
1985 (16 U.S.C. 3838d-3838g) in excess of $768,484,000;
(2) The Watershed Rehabilitation program authorized
by section 14(h) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h));
(3) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security
Act of 1985 (16 U.S.C. 3839aa-3839aa-8) in excess of
$1,400,000,000;
(4) The Farmland Protection Program as authorized
by section 1238I of the Food Security Act of 1985 (16
U.S.C. 3838i) in excess of $150,000,000;
(5) The Grassland Reserve Program as authorized by
sections 1238O-1238Q of the Food Security Act of 1985
(16 U.S.C. 3838o-3838q) in excess of 209,000 acres in
fiscal year 2012;
(6) The Wetlands Reserve Program authorized by
sections 1237-1237F of the Food Security Act of 1985
(16 U.S.C. 3837-3837f) to enroll in excess of 185,800
acres in fiscal year 2012;
(7) The Wildlife Habitat Incentives Act authorized
by section 1240N of the Food Security Act of 1985 (16
U.S.C. 3839bb-1)) in excess of $50,000,000;
(8) The Voluntary Public Access and Habitat
Incentives Program authorized by section 1240R of the
Food Security Act of 1985 (16 U.S.C. 3839bb-5);
(9) The Bioenergy Program for Advanced Biofuels
authorized by section 9005 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8105) in excess
of $65,000,000;
(10) The Rural Energy for America Program
authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107) in excess
of $22,000,000;
(11) The Rural Microentrepreneur Assistance Program
authorized by section 6022 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 2008s);
(12) Section 508(d)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)(3)) to provide a
performance-based premium discount in the crop
insurance program;
(13) Agricultural Management Assistance Program as
authorized by section 524 of the Federal Crop Insurance
Act, as amended (7 U.S.C. 1524) in excess of $2,500,000
for the Natural Resources Conservation Service;
(14) The Biomass Crop Assistance Program authorized
by section 9011 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8111) in excess of
$17,000,000 in new obligational authority; and
(15) A program under subsection (b)(2)(A)(iv) of
section 14222 of Public Law 110-246 in excess of
$948,000,000, as follows: Child Nutrition Programs
Entitlement Commodities--$465,000,000; State Option
Contracts--$5,000,000; Removal of Defective
Commodities--$2,500,000: Provided, That none of the
funds made available in this Act or any other Act shall
be used for salaries and expenses to carry out section
19(i)(1)(E) of the Richard B. Russell National School
Lunch Act as amended by section 4304 of Public Law 110-
246 in excess of $20,000,000, including the transfer of
funds under subsection (c) of section 14222 of Public
Law 110-246, until October 1, 2012: Provided further,
That $133,000,000 made available on October 1, 2012, to
carry out section 19(i)(1)(E) of the Richard B. Russell
National School Lunch Act as amended by section 4304 of
Public Law 110-246 shall be excluded from the
limitation described in subsection (b)(2)(A)(v) of
section 14222 of Public Law 110-246: Provided further,
That none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the
Department of Agriculture or officer of the Commodity
Credit Corporation to carry out clause 3 of section 32
of the Agricultural Adjustment Act of 1935 (Public Law
74-320, 7 U.S.C. 612c, as amended), or for any surplus
removal activities or price support activities under
section 5 of the Commodity Credit Corporation Charter
Act: Provided further, That of the available
unobligated balances under (b)(2)(A)(iv) of section
14222 of Public Law 110-246, $150,000,000 are hereby
rescinded.
Sec. 727. There is hereby appropriated $600,000 to the
Farm Service Agency to carry out a pilot program to demonstrate
the use of new technologies that increase the rate of growth of
re-forested hardwood trees on private nonindustrial forests
lands, enrolling lands on the coast of the Gulf of Mexico that
were damaged by Hurricane Katrina in 2005.
Sec. 728. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's Budget submission to the Congress of the
United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2013 appropriations Act.
Sec. 729. The funds made available in Public Law 111-344
through February 12, 2012 for trade adjustment for farmers are
hereby rescinded.
Sec. 730. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds, or in the case of the Department of Agriculture,
through use of the authority provided by section 702(b) of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257)
or section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for
any project or activity for which funds have been
denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities;
or
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies, in writing,
the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or
the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in
excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a
reduction in personnel which would result in a change
in existing programs, activities, or projects as
approved by Congress; unless the Secretary of
Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies, in
writing, the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the
reprogramming of such funds or the use of such
authority.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing the Committees on
Appropriations of both Houses of Congress before implementing
any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Secretary of Health and Human Services or the Chairman of the
Commodity Futures Trading Commission receives from the
Committee on Appropriations of both Houses of Congress written
or electronic mail confirmation of receipt of the notification
as required in this section.
Sec. 731. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of the
loan.
Sec. 732. (a) Closure and Conveyance of Agricultural
Research Service Facilities.--The Secretary of Agriculture may
close up to 10 facilities of the Agricultural Research Service,
as proposed in the budget of the President for fiscal year 2012
submitted to Congress pursuant to section 1105 of title 31,
United States Code.
(b) Conveyance Authority.--With respect to an Agricultural
Research Service facility to be closed pursuant to subsection
(a), the Secretary of Agriculture may convey, with or without
consideration, all right, title, and interest of the United
States in and to any real property, including improvements and
equipment thereon, of the facility to an eligible entity
specified in subsection (c). If the Agricultural Research
Service facility consists of more than one parcel of real
property, the Secretary may convey each parcel separately and
to different eligible entities.
(c) Entities.--The following entities are eligible to
receive real property under subsection (b):
(1) Land-grant colleges and universities (as
defined in section 1404(13) of the National
Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103(13)).
(2) 1994 Institutions (as defined in section 532 of
the Equity in Educational Land-Grant Status Act of 1994
(7 U.S.C. 301 note; Public Law 103-382)).
(3) Hispanic-serving agricultural colleges and
universities (as defined in section 1404(10) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103(10)).
(d) Conditions on Receipt.--As a condition of the
conveyance of real property under subsection (b), the recipient
of the property must--
(1) be located in the same State or territory of
the United States in which the property is located; and
(2) agree to accept and use the property for
agricultural and natural resources research for a
minimum of 25 years.
Sec. 733. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make
available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 734. Section 9 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758) is amended by adding at the
end the following:
``(l) Food Donation Program.--
``(1) In general.--Each school and local
educational agency participating in the school lunch
program under this Act may donate any food not consumed
under such program to eligible local food banks or
charitable organizations.
``(2) Guidance.--
``(A) In general.--Not later than 180 days
after the date of the enactment of this
subsection, the Secretary shall develop and
publish guidance to schools and local
educational agencies participating in the
school lunch program under this Act to assist
such schools and local educational agencies in
donating food under this subsection.
``(B) Updates.--The Secretary shall update
such guidance as necessary.
``(3) Liability.--Any school or local educational
agency making donations pursuant to this subsection
shall be exempt from civil and criminal liability to
the extent provided under the Bill Emerson Good
Samaritan Food Donation Act (42 U.S.C. 1791).
``(4) Definition.--In this subsection, the term
`eligible local food banks or charitable organizations'
means any food bank or charitable organization which is
exempt from tax under section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)).''.
Sec. 735. There is hereby appropriated for the ``Emergency
Conservation Program'', for necessary expenses resulting from a
major disaster declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $122,700,000, to remain available until expended:
Provided, That the preceding amount is designated by the
Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That there is hereby
appropriated for the ``Emergency Forest Restoration Program'',
for necessary expenses resulting from a major disaster declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), $28,400,000,
to remain available until expended: Provided further, That the
preceding amount is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That there is hereby appropriated for the
``Emergency Watershed Protection Program'', for necessary
expenses resulting from a major disaster declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), $215,900,000, to remain available
until expended: Provided further, That the preceding amount is
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 736. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the text
or audio of the prepackaged news story that the prepackaged
news story was prepared or funded by that executive branch
agency.
Sec. 737. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the
Department for more than 30 days unless the individual's
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 738. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to any corporation that was convicted
(or had an officer or agent of such corporation acting on
behalf of the corporation convicted) of a felony criminal
violation under any Federal or State law within the preceding
24 months, where the awarding agency is aware of the
conviction, unless the agency has considered suspension or
debarment of the corporation, or such officer or agent, and
made a determination that this further action is not necessary
to protect the interests of the Government.
Sec. 739. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is
aware of the unpaid tax liability, unless the agency has
considered suspension or debarment of the corporation and made
a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 740. Unobligated balances not to exceed $31,000,000
for the ``Emergency Watershed Protection Program'' provided in
Public Law 108-199, Public Law 109-234, and Public Law 110-28
shall be available for the purposes of such program for
disasters occurring in 2011, and shall remain available until
expended: Provided, That the amounts made available by this
section are designated by Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended.
Sec. 741. Funds made available by this Act under title II
of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
used to provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator of
the U.S. Agency for International Development, are in place to
ensure that emergency food aid is received by the intended
beneficiaries in areas affected by food shortages and not
diverted for unauthorized or inappropriate purposes.
Sec. 742. None of the funds made available by this Act may
be used to pay the salaries and expenses of personnel who
provide nonrecourse marketing assistance loans for mohair under
section 1201 of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8731).
Sec. 743. None of the funds made available by this Act may
be used to implement an interim final or final rule regarding
nutrition programs under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) that--
(1) requires crediting of tomato paste and puree
based on volume;
(2) implements a sodium reduction target beyond
Target I, the 2-year target, specified in Notice of
Proposed Rulemaking, ``Nutrition Standards in the
National School Lunch and School Breakfast Programs''
(FNS-2007-0038, RIN 0584-AD59) until the Secretary
certifies that the Department has reviewed and
evaluated relevant scientific studies and data relevant
to the relationship of sodium reductions to human
health; and
(3) establishes any whole grain requirement without
defining ``whole grain.''
Sec. 744. For fiscal year 2012, section 363 of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2006e)
shall not apply to any project funded under the community
facilities programs authorized under such Act if such project
is also subject to approval of a permit issued under section
404 of the Federal Water Pollution Control Act (33 U.S.C.
1344).
Sec. 745. None of the funds made available by this Act may
be used by the Secretary of Agriculture to provide direct
payments under section 1103 or 1303 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8713, 8753) to any person or
legal entity that has an average adjusted gross income (as
defined in section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a)) in excess of $1,000,000.
Sec. 746. None of the funds made available by this Act may
be used to implement an interim final or final rule that--
(1) sets any maximum limits on the serving of
vegetables in school meal programs established under
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773); or
(2) is inconsistent with the recommendations of the
most recent Dietary Guidelines for Americans for
vegetables.
Sec. 747. For 2012 and subsequent fiscal years--
(1) Any balances to carry out a housing
demonstration program to provide revolving loans for
the preservation of low-income multi-family housing
projects as authorized in Public Law 108-447 and Public
Law 109-97 and a demonstration program for the
preservation and revitalization of the section 515
multi-family rental housing properties as authorized by
Public Law 109-97 and Public Law 110-5 shall be
transferred to and merged with the ``Rural Housing
Service, Multi-family Housing Revitalization Program
Account'';
(2) Any prior balances in the Rural Development,
Rural Community Advancement Program account for
programs authorized by section 306 and described in
section 381E(d)(1) of such Act be transferred and
merged with the ``Rural Community Facilities Program
Account'' and any other prior balances from the Rural
Development, Rural Community Advancement Program
account that the Secretary determines are appropriate
to transfer;
(3) Any prior balances in the Rural Development,
Rural Community Advancement Program account for
programs authorized by sections 306 and 310B and
described in sections 310B(f) and 381E(d)(3) of such
Act be transferred and merged with the ``Rural Business
Program Account'' and any other prior balances from the
Rural Development, Rural Community Advancement Program
account that the Secretary determines are appropriate
to transfer; and
(4) Any prior balances in the Rural Development,
Rural Community Advancement Program account programs
authorized by sections 306, 306A, 306C, 306D, 306E, and
310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of such Act be transferred to and merged
with the ``Rural Water and Waste Disposal Program
Account'' and any other prior balances from the Rural
Development, Rural Community Advancement Program
account that the Secretary determines are appropriate
to transfer.
Sec. 748. In addition to amounts otherwise made available
by this Act, there is appropriated to implement the Water Bank
Act (16 U.S.C. 1301-1311) $7,500,000, to remain available until
expended: Provided, That, notwithstanding section 6 of such
Act (16 U.S.C. 1305), agreements entered into with funds
provided under this section shall not be renewed: Provided
further, That, in utilizing funds provided under this section,
the Secretary of Agriculture may waive the percentage
limitation in the last sentence of section 11 of such Act (16
U.S.C. 1310) to ensure efficient administration of the program
authorized by such Act: Provided further, That flooded
agricultural lands, as determined by the Secretary, shall be
eligible to be enrolled in the program.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2012''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the International Trade
Administration between two points abroad, without regard to 49
U.S.C. 40118; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $294,300
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$45,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $465,000,000, to remain
available until September 30, 2013, of which $9,439,000 is to
be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C.
3302: Provided, That not less than $48,854,000 shall be for
Manufacturing and Services; not less than $42,623,000 shall be
for Market Access and Compliance; not less than $67,358,000
shall be for the Import Administration; not less than
$269,804,000 shall be for trade promotion and the United States
and Foreign Commercial Service; and not less than $26,922,000
shall be for Executive Direction and Administration: Provided
further, That not less than $7,000,000 shall be for the Office
of China Compliance, and not less than $4,400,000 shall be for
the China Countervailing Duty Group: Provided further, That
the provisions of the first sentence of section 105(f) and all
of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); and purchase of passenger motor vehicles for official
use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law,
$101,000,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That
payments and contributions collected and accepted for materials
or services provided as part of such activities may be retained
for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the
Department of Commerce and other export control programs of the
United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, for the cost of loan guarantees
authorized by section 26 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3721), and for grants and
loan guarantees authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722),
$220,000,000, to remain available until expended; of which
$5,000,000 shall be for projects to facilitate the relocation,
to the United States, of a source of employment located outside
the United States; of which up to $5,000,000 shall be for loan
guarantees under section 26; and of which up to $5,000,000
shall be for loan guarantees and grants under section 27:
Provided, That the costs for loan guarantees, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That these funds for loan guarantees under such sections 26 and
27 combined are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$70,000,000.
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary
expenses related to disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major
disaster designation in 2011 pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $200,000,000, to remain available until expended:
Provided, That such amount is designated by Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$37,500,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, title II of the Trade Act of 1974, and
the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $30,339,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $96,000,000.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $253,336,000: Provided, That from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$690,000,000, to remain available until September 30, 2013:
Provided, That $635,000,000 is appropriated from the general
fund and $55,000,000 is derived from available unobligated
balances from the Census Working Capital Fund: Provided
further, That from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $1,000,000 shall
be transferred to the ``Office of Inspector General'' account
for activities associated with carrying out investigations and
audits related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $45,568,000: Provided, That, notwithstanding 31 U.S.C.
1535(d), the Secretary of Commerce shall charge Federal
agencies for costs incurred in spectrum management, analysis,
operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such
spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its
assigned functions under this paragraph, and such funds
received from other Government agencies shall remain available
until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until their
expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including defense
of suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $2,706,313,000
to remain available until expended: Provided, That the sum
herein appropriated from the general fund shall be reduced as
offsetting collections of fees and surcharges assessed and
collected by the USPTO under any law are received during fiscal
year 2012, so as to result in a fiscal year 2012 appropriation
from the general fund estimated at $0: Provided further, That
during fiscal year 2012, should the total amount of such
offsetting collections be less than $2,706,313,000 this amount
shall be reduced accordingly: Provided further, That any
amount received in excess of $2,706,313,000 in fiscal year 2012
and deposited in the Patent and Trademark Fee Reserve Fund
shall remain available until expended: Provided further, That
the Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the preceding
proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That from amounts provided herein, not to exceed $900
shall be made available in fiscal year 2012 for official
reception and representation expenses: Provided further, That
in fiscal year 2012 from the amounts made available for
``Salaries and Expenses'' for the USPTO, the amounts necessary
to pay (1) the difference between the percentage of basic pay
contributed by the USPTO and employees under section 8334(a) of
title 5, United States Code, and the normal cost percentage (as
defined by section 8331(17) of that title) as provided by the
Office of Personnel Management (OPM) for USPTO's specific use,
of basic pay, of employees subject to subchapter III of chapter
83 of that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who
are enrolled in Federal Employees Health Benefits (FEHB) and
Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the Employees Life Insurance Fund, and the Employees
Health Benefits Fund, as appropriate, and shall be available
for the authorized purposes of those accounts: Provided
further, That any differences between the present value factors
published in OPM's yearly 300 series benefit letters and the
factors that OPM provides for USPTO's specific use shall be
recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any
other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to
section 42(c) of title 35, United States Code, as amended by
section 22 of the Leahy-Smith America Invents Act (Public Law
112-29): Provided further, That within the amounts
appropriated, $1,000,000 shall be transferred to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $567,000,000, to remain available
until expended, of which not to exceed $9,000,000 may be
transferred to the ``Working Capital Fund'': Provided, That
not to exceed $5,000 shall be for official reception and
representation expenses.
industrial technology services
For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Standards
and Technology, $128,443,000, to remain available until
expended.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $55,381,000, to remain
available until expended: Provided, That the Secretary of
Commerce shall include in the budget justification materials
that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget of
the President under section 1105(a) of title 31, United States
Code) an estimate for each National Institute of Standards and
Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the
budget justification materials shall include an estimate of the
budgetary requirements for each such project for each of the
five subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels;
grants, contracts, or other payments to nonprofit organizations
for the purposes of conducting activities pursuant to
cooperative agreements; and relocation of facilities,
$3,022,231,000, to remain available until September 30, 2013,
except that funds provided for cooperative enforcement shall
remain available until September 30, 2014: Provided, That fees
and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and
used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $109,098,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products
and Research Pertaining to American Fisheries'': Provided
further, That of the $3,139,329,000 provided for in direct
obligations under this heading $3,022,231,000 is appropriated
from the general fund, $109,098,000 is provided by transfer and
$8,000,000 is derived from recoveries of prior year
obligations: Provided further, That the total amount available
for National Oceanic and Atmospheric Administration corporate
services administrative support costs shall not exceed
$230,738,000, of which $5,000,000 shall not be available until
the Administrator provides the Committees on Appropriations of
the House of Representatives and the Senate with revised and
detailed lifecycle costs of all satellite programs funded under
the ``Procurement, Acquisition and Construction'' account:
Provided further, That any deviation from the amounts
designated for specific activities in the statement
accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act:
Provided further, That in allocating grants under sections 306
and 306A of the Coastal Zone Management Act of 1972, as
amended, no coastal State shall receive more than 5 percent or
less than 1 percent of increased funds appropriated over the
previous fiscal year.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,817,094,000, to remain available until September 30, 2014,
except that funds provided for construction of facilities shall
remain available until expended: Provided, That of the
$1,825,094,000 provided for in direct obligations under this
heading, $1,817,094,000 is appropriated from the general fund
and $8,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the statement
accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act:
Provided further, That the Secretary of Commerce shall include
in budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Oceanic and Atmospheric Administration procurement,
acquisition or construction project having a total of more than
$5,000,000 and simultaneously the budget justification shall
include an estimate of the budgetary requirements for each such
project for each of the 5 subsequent fiscal years: Provided
further, That, within the amounts appropriated, $1,000,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to satellite procurement,
acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2013: Provided, That of the funds provided
herein the Secretary of Commerce may issue grants to the States
of Washington, Oregon, Idaho, Nevada, California, and Alaska,
and federally recognized tribes of the Columbia River and
Pacific Coast (including Alaska) for projects necessary for
conservation of salmon and steelhead populations that are
listed as threatened or endangered, or identified by a State as
at-risk to be so-listed, for maintaining populations necessary
for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That
all funds shall be allocated based on scientific and other
merit principles and shall not be available for marketing
activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or
documented in-kind contributions of at least 33 percent of the
Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $350,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2012, obligations of direct loans may
not exceed $24,000,000 for Individual Fishing Quota loans and
not to exceed $59,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936: Provided, That
none of the funds made available under this heading may be used
for direct loans for any new fishing vessel that will increase
the harvesting capacity in any United States fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $4,500 for official reception and representation,
$57,000,000: Provided, That the Secretary of Commerce shall
establish a task force on job repatriation and manufacturing
growth and shall produce a report on related incentive
strategies and implementation plans.
renovation and modernization
For expenses necessary, including blast windows, for the
renovation and modernization of Department of Commerce
facilities, $5,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $26,946,000.
General Provisions--Department of Commerce
(including rescission)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this Act or any other law appropriating funds for the
Department of Commerce.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title or
from actions taken for the care and protection of loan
collateral or grant property shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 105. (a) For purposes of this section--
(1) the term ``Under Secretary'' means Under
Secretary of Commerce for Oceans and Atmosphere;
(2) the term ``appropriate congressional
committees'' means--
(A) the Committee on Appropriations and the
Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Appropriations and the
Committee on Science, Space and Technology of
the House of Representatives;
(3) the term ``satellite'' means the satellites
proposed to be acquired for the National Oceanic and
Atmospheric Administration (NOAA);
(4) the term ``development'' means the phase of a
program following the formulation phase and beginning
with the approval to proceed to implementation, as
defined in NOAA Administrative Order 216-108,
Department of Commerce Administrative Order 208-3, and
NASA's Procedural Requirements 7120.5c, dated March 22,
2005;
(5) the term ``development cost'' means the total
of all costs, including construction of facilities and
civil servant costs, from the period beginning with the
approval to proceed to implementation through the
achievement of operational readiness, without regard to
funding source or management control, for the life of
the program;
(6) the term ``life-cycle cost'' means the total of
the direct, indirect, recurring, and nonrecurring
costs, including the construction of facilities and
civil servant costs, and other related expenses
incurred or estimated to be incurred in the design,
development, verification, production, operation,
maintenance, support, and retirement of a program over
its planned lifespan, without regard to funding source
or management control;
(7) the term ``major program'' means an activity
approved to proceed to implementation that has an
estimated life-cycle cost of more than $250,000,000;
and
(8) the term ``baseline'' means the program as set
following contract award and preliminary design review
of the space and ground systems.
(b)(1) NOAA shall not enter into a contract for development
of a major program, unless the Under Secretary determines
that--
(A) the technical, cost, and schedule risks
of the program are clearly identified and the
program has developed a plan to manage those
risks;
(B) the technologies required for the
program have been demonstrated in a relevant
laboratory or test environment;
(C) the program complies with all relevant
policies, regulations, and directives of NOAA
and the Department of Commerce;
(D) the program has demonstrated a high
likelihood of accomplishing its intended goals;
and
(E) the acquisition of satellites for use
in the program represents a good value to
accomplishing NOAA's mission.
(2) The Under Secretary shall transmit a report
describing the basis for the determination required
under paragraph (1) to the appropriate congressional
committees at least 30 days before entering into a
contract for development under a major program.
(3) The Under Secretary may not delegate the
determination requirement under this subsection, except
in cases in which the Under Secretary has a conflict of
interest.
(c)(1) Annually, at the same time as the President's annual
budget submission to the Congress, the Under Secretary shall
transmit to the appropriate congressional committees a report
that includes the information required by this section for the
satellite development program for which NOAA proposes to expend
funds in the subsequent fiscal year. The report under this
paragraph shall be known as the Major Program Annual Report.
(2) The first Major Program Annual Report for
NOAA's satellite development program shall include a
Baseline Report that shall, at a minimum, include--
(A) the purposes of the program and key
technical characteristics necessary to fulfill
those purposes;
(B) an estimate of the life-cycle cost for
the program, with a detailed breakout of the
development cost, program reserves, and an
estimate of the annual costs until development
is completed;
(C) the schedule for development, including
key program milestones;
(D) the plan for mitigating technical,
cost, and schedule risks identified in
accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for
making notifications under subsection (d), who
shall be an individual whose primary
responsibility is overseeing the program.
(3) For the major program for which a Baseline
Report has been submitted, subsequent Major Program
Annual Reports shall describe any changes to the
information that had been provided in the Baseline
Report, and the reasons for those changes.
(d)(1) The individual identified under subsection (c)(2)(E)
shall immediately notify the Under Secretary any time that
individual has reasonable cause to believe that, for the major
program for which he or she is responsible, the development
cost of the program has exceeded the estimate provided in the
Baseline Report of the program by 20 percent or more.
(2) Not later than 30 days after the notification
required under paragraph (1), the individual identified
under subsection (c)(2)(E) shall transmit to the Under
Secretary a written notification explaining the reasons
for the change in the cost of the program for which
notification was provided under paragraph (1).
(3) Not later than 15 days after the Under
Secretary receives a written notification under
paragraph (2), the Under Secretary shall transmit the
notification to the appropriate congressional
committees.
(e) Not later than 30 days after receiving a written
notification under subsection (d)(2), the Under Secretary shall
determine whether the development cost of the program has
exceeded the estimate provided in the Baseline Report of the
program by 20 percent or more. If the determination is
affirmative, the Under Secretary shall--
(1) transmit to the appropriate congressional
committees, not later than 15 days after making the
determination, a report that includes--
(A) a description of the increase in cost
and a detailed explanation for the increase;
(B) a description of actions taken or
proposed to be taken in response to the cost
increase; and
(C) a description of any impacts the cost
increase, or the actions described under
subparagraph (B), will have on any other
program within NOAA; and
(2) if the Under Secretary intends to continue with
the program, promptly initiate an analysis of the
program, which shall include, at a minimum--
(A) the projected cost and schedule for
completing the program if current requirements
of the program are not modified;
(B) the projected cost and the schedule for
completing the program after instituting the
actions described under paragraph (1)(B); and
(C) a description of, and the projected
cost and schedule for, a broad range of
alternatives to the program.
(f) NOAA shall complete an analysis initiated under
paragraph (2) not later than 6 months after the Under Secretary
makes a determination under this subsection. The Under
Secretary shall transmit the analysis to the appropriate
congressional committees not later than 30 days after its
completion.
Sec. 106. Notwithstanding any other law, the Secretary may
furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support
the operation, maintenance, and improvement of space that
persons, firms or organizations are authorized pursuant to the
Public Buildings Cooperative Use Act of 1976 or other authority
to use or occupy in the Herbert C. Hoover Building, Washington,
DC, or other buildings, the maintenance, operation, and
protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949, as amended,
on a reimbursable or non-reimbursable basis. Amounts received
as reimbursement for services provided under this section or
the authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 107. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over its
networks.
Sec. 108. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory or possession,
or of any political subdivision thereof, or of any foreign
government or international organization for purposes related
to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric
Administration.
(rescission)
Sec. 109. All balances in the Coastal Zone Management
Fund, whether unobligated or unavailable, are hereby
permanently rescinded, and notwithstanding section 308(b) of
the Coastal Zone Management Act of 1972, as amended (16 U.S.C.
1456a), any future payments to the Fund made pursuant to
sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 1456a) of the
Coastal Zone Management Act of 1972, as amended, shall, in this
fiscal year and any future fiscal years, be treated in
accordance with the Federal Credit Reform Act of 1990, as
amended.
Sec. 110. There is established in the Treasury a non-
interest bearing fund to be known as the ``Fisheries
Enforcement Asset Forfeiture Fund'', which shall consist of all
sums received as fines, penalties, and forfeitures of property
for violations of any provisions of 16 U.S.C. chapter 38 or of
any other marine resource law enforced by the Secretary of
Commerce, including the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.) and with the exception of collections pursuant to
16 U.S.C. 1437, which are currently deposited in the
Operations, Research, and Facilities account: Provided, That
all unobligated balances that have been collected pursuant to
16 U.S.C. 1861 or any other marine resource law enforced by the
Secretary of Commerce with the exception of 16 U.S.C. 1437
shall be transferred from the Operations, Research, and
Facilities account into the Fisheries Enforcement Asset
Forfeiture Fund and shall remain available until expended.
Sec. 111. There is established in the Treasury a non-
interest bearing fund to be known as the ``Sanctuaries
Enforcement Asset Forfeiture Fund'', which shall consist of all
sums received as fines, penalties, and forfeitures of property
for violations of any provisions of 16 U.S.C. chapter 38, which
are currently deposited in the Operations, Research, and
Facilities account: Provided, That all unobligated balances
that have been collected pursuant to 16 U.S.C. 1437 shall be
transferred from the Operations, Research, and Facilities
account into the Sanctuaries Enforcement Asset Forfeiture Fund
and shall remain available until expended.
Sec. 112. The Department of Commerce shall provide a
monthly report to the Committees on Appropriations of the House
of Representatives and the Senate, beginning with October 2011
data, on any official travel to China by any employee of the
U.S. Department of Commerce, including the purpose of such
travel.
Sec. 113. (a) The U.S. Participating Territories of the
Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
(``Commission'') are each authorized to use, assign, allocate,
and manage catch limits of highly migratory fish stocks, or
fishing effort limits, agreed to by the Commission through
arrangements with U.S. vessels with permits issued under the
Pelagics Fishery Management Plan of the Western Pacific Region.
Vessels under such arrangements are integral to the domestic
fisheries of the U.S. Participating Territories provided that
such arrangements shall impose no requirements regarding where
such vessels must fish or land their catch and shall be funded
by deposits to the Western Pacific Sustainable Fisheries Fund
in support of fisheries development projects identified in a
Territory's Marine Conservation Plan and adopted pursuant to
section 204 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1824). The Secretary of Commerce
shall attribute catches made by vessels operating under such
arrangements to the U.S. Participating Territories for the
purposes of annual reporting to the Commission.
(b) The Western Pacific Regional Fisheries Management
Council--
(1) is authorized to accept and deposit into the
Western Pacific Sustainable Fisheries Fund funding for
arrangements pursuant to subsection (a);
(2) shall use amounts deposited under paragraph (1)
that are attributable to a particular U.S.
Participating Territory only for implementation of that
Territory's Marine Conservation Plan adopted pursuant
to section 204 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1824); and
(3) shall recommend an amendment to the Pelagics
Fishery Management Plan for the Western Pacific Region,
and associated regulations, to implement this section.
(c) Subsection (a) shall remain in effect until the earlier
of December 31, 2012, or such time as--
(1) the Western Pacific Regional Fishery Management
Council recommends an amendment to the Pelagics Fishery
Management Plan for the Western Pacific Region, and
implementing regulations, to the Secretary of Commerce
that authorize use, assignment, allocation, and
management of catch limits of highly migratory fish
stocks, or fishing effort limits, established by the
Commission and applicable to U.S. Participating
Territories;
(2) the Secretary of Commerce approves the
amendment as recommended; and
(3) such implementing regulations become effective.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2012''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $110,822,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
national drug intelligence center
For necessary expenses of the National Drug Intelligence
Center, $20,000,000.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $44,307,000, to remain available until expended.
tactical law enforcement wireless communications
For the costs of developing and implementing communications
systems supporting Federal law enforcement and for the costs of
operations and maintenance of existing Land Mobile Radio legacy
systems, $87,000,000, to remain available until expended:
Provided, That the Attorney General shall transfer to this
account all funds made available to the Department of Justice
for the purchase of portable and mobile radios: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$305,000,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ``Immigration Examinations Fee'' account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,580,595,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the Justice
Prisoner and Alien Transportation System: Provided further,
That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance''
pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$84,199,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $12,833,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia, $863,367,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated, not
to exceed $9,000 shall be available to INTERPOL Washington for
official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may
transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That of the amount appropriated, such sums as may be
necessary shall be available to reimburse the Office of
Personnel Management for salaries and expenses associated with
the election monitoring program under section 8 of the Voting
Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That
of the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $7,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $159,587,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection (and estimated to be
$108,000,000 in fiscal year 2012), shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year
2012, so as to result in a final fiscal year 2012 appropriation
from the general fund estimated at $51,587,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,960,000,000: Provided, That of the total amount
appropriated, not to exceed $7,200 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain available
until expended: Provided further, That each United States
Attorney shall establish or participate in a United States
Attorney-led task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $223,258,000, to remain available until
expended and to be derived from the United States Trustee
System Fund: Provided, That notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of
law, $223,258,000 of offsetting collections pursuant to 28
U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 2012, so as to result in a
final fiscal year 2012 appropriation from the Fund estimated at
$0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,000,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $10,000,000 is
for construction of buildings for protected witness safesites;
not to exceed $3,000,000 is for the purchase and maintenance of
armored and other vehicles for witness security caravans; and
not to exceed $11,000,000 is for the purchase, installation,
maintenance, and upgrade of secure telecommunications equipment
and a secure automated information network to store and
retrieve the identities and locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$11,456,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,948,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,174,000,000; of which not to exceed $10,000,000
shall be available for necessary expenses for increased deputy
marshals and staff related to border enforcement initiatives,
not to exceed $6,000 shall be available for official reception
and representation expenses, and not to exceed $15,000,000
shall remain available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding and
related support, $15,000,000, to remain available until
expended, of which not to exceed $8,250,000 shall be available
for detention upgrades at Federal courthouses to support border
enforcement initiatives.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the
National Security Division, $87,000,000; of which not to exceed
$5,000,000 for information technology systems shall remain
available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for the activities of the National Security Division, the
Attorney General may transfer such amounts to this heading from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $527,512,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under
authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States, $8,036,991,000, of which not
to exceed $150,000,000 shall remain available until expended:
Provided, That not to exceed $184,500 shall be available for
official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites
by purchase, or as otherwise authorized by law; conversion,
modification and extension of Federally-owned buildings;
preliminary planning and design of projects; and operation and
maintenance of secure work environment facilities and secure
networking capabilities; $80,982,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
28 U.S.C. 530C; and expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs,
$2,025,000,000; of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be
available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings and of the operation
and maintenance of secure work environment facilities and
secure networking capabilities, $10,000,000, to remain
available until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and for
provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,152,000,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $15,000,000 shall remain
available until expended: Provided, That no funds appropriated
herein or hereafter shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records, or
any portion thereof, of acquisition and disposition of firearms
maintained by Federal firearms licensees: Provided further,
That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or
employee of the United States to implement an amendment or
amendments to 27 CFR 478.118 or to change the definition of
``Curios or relics'' in 27 CFR 478.11 or remove any item from
ATF Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available
to investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section
925(c) of title 18, United States Code: Provided further, That
no funds made available by this or any other Act may be used to
transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments: Provided further, That, during the current
fiscal year and in each fiscal year thereafter, no funds
appropriated under this or any other Act may be used to
disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace Center of the
Bureau of Alcohol, Tobacco, Firearms and Explosives or any
information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required to
be reported pursuant to paragraphs (3) and (7) of such section,
except to: (1) a Federal, State, local, or tribal law
enforcement agency, or a Federal, State, or local prosecutor;
or (2) a foreign law enforcement agency solely in connection
with or for use in a criminal investigation or prosecution; or
(3) a Federal agency for a national security or intelligence
purpose; unless such disclosure of such data to any of the
entities described in (1), (2) or (3) of this proviso would
compromise the identity of any undercover law enforcement
officer or confidential informant, or interfere with any case
under investigation; and no person or entity described in (1),
(2) or (3) shall knowingly and publicly disclose such data; and
all such data shall be immune from legal process, shall not be
subject to subpoena or other discovery, shall be inadmissible
in evidence, and shall not be used, relied on, or disclosed in
any manner, nor shall testimony or other evidence be permitted
based on the data, in a civil action in any State (including
the District of Columbia) or Federal court or in an
administrative proceeding other than a proceeding commenced by
the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of chapter 44 of such title, or a review
of such an action or proceeding; except that this proviso shall
not be construed to prevent: (A) the disclosure of statistical
information concerning total production, importation, and
exportation by each licensed importer (as defined in section
921(a)(9) of such title) and licensed manufacturer (as defined
in section 921(a)(10) of such title); (B) the sharing or
exchange of such information among and between Federal, State,
local, or foreign law enforcement agencies, Federal, State, or
local prosecutors, and Federal national security, intelligence,
or counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further, That
no funds made available by this or any other Act shall be
expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That,
hereafter, no funds made available by this or any other Act may
be used to electronically retrieve information gathered
pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code: Provided further, That no funds
authorized or made available under this or any other Act may be
used to deny any application for a license under section 923 of
title 18, United States Code, or renewal of such a license due
to a lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed
835, of which 808 are for replacement only) and hire of law
enforcement and passenger motor vehicles, and for the provision
of technical assistance and advice on corrections related
issues to foreign governments, $6,551,281,000: Provided, That
the Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a fiscal
agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the
custody of the Federal Prison System: Provided further, That
not to exceed $5,400 shall be available for official reception
and representation expenses: Provided further, That not to
exceed $50,000,000 shall remain available for necessary
operations until September 30, 2013: Provided further, That,
of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522
note), for the care and security in the United States of Cuban
and Haitian entrants: Provided further, That the Director of
the Federal Prison System may accept donated property and
services relating to the operation of the prison card program
from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $90,000,000, to remain available until expended, of
which not less than $66,965,000 shall be available only for
modernization, maintenance and repair, and of which not to
exceed $14,000,000 shall be available to construct areas for
inmate work programs: Provided, That labor of United States
prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase (not to exceed five for
replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed on
an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386) (``the 2000 Act''); and the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); and for related victims services,
$412,500,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 3
percent of funds made available under this heading may be used
for expenses related to evaluation, training, and technical
assistance: Provided further, That of the amount provided--
(1) $189,000,000 is for grants to combat violence
against women, as authorized by part T of the 1968 Act;
(2) $25,000,000 is for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by section
40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of
Justice for research and evaluation of violence against
women and related issues addressed by grant programs of
the Office on Violence Against Women;
(4) $10,000,000 is for a grant program to provide
services to advocate for and respond to youth victims
of domestic violence, dating violence, sexual assault,
and stalking; assistance to children and youth exposed
to such violence; programs to engage men and youth in
preventing such violence; and assistance to middle and
high school students through education and other
services related to such violence: Provided, That
unobligated balances available for the programs
authorized by sections 41201, 41204, 41303 and 41305 of
the 1994 Act shall be available for this program:
Provided further, That 10 percent of the total amount
available for this grant program shall be available for
grants under the program authorized by section 2015 of
the 1968 Act;
(5) $50,000,000 is for grants to encourage arrest
policies as authorized by part U of the 1968 Act, of
which $4,000,000 is for a homicide reduction
initiative;
(6) $23,000,000 is for sexual assault victims
assistance, as authorized by section 41601 of the 1994
Act;
(7) $34,000,000 is for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295 of the 1994 Act;
(8) $9,000,000 is for grants to reduce violent
crimes against women on campus, as authorized by
section 304 of the 2005 Act;
(9) $41,000,000 is for legal assistance for
victims, as authorized by section 1201 of the 2000 Act;
(10) $4,250,000 is for enhanced training and
services to end violence against and abuse of women in
later life, as authorized by section 40802 of the 1994
Act;
(11) $11,500,000 is for the safe havens for
children program, as authorized by section 1301 of the
2000 Act;
(12) $5,750,000 is for education and training to
end violence against and abuse of women with
disabilities, as authorized by section 1402 of the 2000
Act;
(13) $4,500,000 is for the court training and
improvements program, as authorized by section 41002 of
the 1994 Act;
(14) $1,000,000 is for the National Resource Center
on Workplace Responses to assist victims of domestic
violence, as authorized by section 41501 of the 1994
Act;
(15) $1,000,000 is for analysis and research on
violence against Indian women, including as authorized
by section 904 of the 2005 Act; and
(16) $500,000 is for the Office on Violence Against
Women to establish a national clearinghouse that
provides training and technical assistance on issues
relating to sexual assault of American Indian and
Alaska Native women.
Office of Justice Programs
research, evaluation, and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Justice for All Act of 2004 (Public Law 108-405); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Second Chance Act of 2007 (Public Law 110-199); the
Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); and other programs; $113,000,000, to remain available
until expended, of which--
(1) $45,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C
of title I of the 1968 Act, of which $36,000,000 is for
the administration and redesign of the National Crime
Victimization Survey;
(2) $40,000,000 is for research, development, and
evaluation programs, and other activities as authorized
by part B of title I of the 1968 Act and subtitle D of
title II of the 2002 Act: Provided, That of the
amounts provided under this heading, $5,000,000 is
transferred directly to the National Institute of
Standards and Technology's Office of Law Enforcement
Standards from the National Institute of Justice for
research, testing and evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse
program; and
(4) $27,000,000 is for regional information sharing
activities, as authorized by part M of title I of the
1968 Act.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Justice for All Act of 2004 (Public Law
108-405); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164); the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296) (``the 2002 Act''); the Second Chance Act
of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law
110-403); the Victims of Crime Act of 1984 (Public Law 98-473);
the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-
416); and other programs; $1,162,500,000, to remain available
until expended as follows--
(1) $470,000,000 for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by
subpart 1 of part E of title I of the 1968 Act (except
that section 1001(c), and the special rules for Puerto
Rico under section 505(g), of title I of the 1968 Act
shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $2,000,000 is for a
program to improve State and local law enforcement
intelligence capabilities including antiterrorism
training and training to ensure that constitutional
rights, civil liberties, civil rights, and privacy
interests are protected throughout the intelligence
process, $4,000,000 is for a State and local assistance
help desk and diagnostic center program, $2,000,000 is
for a Preventing Violence Against Law Enforcement
Officer Resilience and Survivability Initiative
(VALOR), $4,000,000 is for use by the National
Institute of Justice for research targeted toward
developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention,
$6,000,000 is for activities related to comprehensive
criminal justice reform and recidivism reduction
efforts by States, and $100,000,000 is for law
enforcement and related security costs, including
overtime, associated with the two principal 2012
Presidential Candidate Nominating Conventions;
(2) $240,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 241(i)(5)
of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5)): Provided, That no jurisdiction shall
request compensation for any cost greater than the
actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $10,000,000 for a border prosecutor initiative
to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the
prosecution of criminal cases declined by local offices
of the United States Attorneys;
(4) $15,000,000 for competitive grants to improve
the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist
victims of crime (other than compensation);
(5) $10,500,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386 and for programs
authorized under Public Law 109-164;
(6) $35,000,000 for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(7) $9,000,000 for mental health courts and adult
and juvenile collaboration program grants, as
authorized by parts V and HH of title I of the 1968
Act, and the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(8) $10,000,000 for grants for Residential
Substance Abuse Treatment for State Prisoners, as
authorized by part S of title I of the 1968 Act;
(9) $3,000,000 for the Capital Litigation
Improvement Grant Program, as authorized by section 426
of Public Law 108-405, and for grants for wrongful
conviction review;
(10) $7,000,000 for economic, high technology and
Internet crime prevention grants, including as
authorized by section 401 of Public Law 110-403;
(11) $4,000,000 for a student loan repayment
assistance program pursuant to section 952 of Public
Law 110-315;
(12) $20,000,000 for sex offender management
assistance, as authorized by the Adam Walsh Act and the
Violent Crime Control Act of 1994 (Public Law 103-322)
and related activities;
(13) $10,000,000 for an initiative relating to
children exposed to violence;
(14) $15,000,000 for an Edward Byrne Memorial
criminal justice innovation program;
(15) $24,000,000 for the matching grant program for
law enforcement armor vests, as authorized by section
2501 of title I of the 1968 Act: Provided, That
$1,500,000 is transferred directly to the National
Institute of Standards and Technology's Office of Law
Enforcement Standards for research, testing and
evaluation programs;
(16) $1,000,000 for the National Sex Offender
Public Web site;
(17) $5,000,000 for competitive and evidence-based
programs to reduce gun crime and gang violence;
(18) $5,000,000 for grants to assist State and
tribal governments as authorized by the NICS
Improvement Amendments Act of 2007 (Public Law 110-
180);
(19) $6,000,000 for the National Criminal History
Improvement Program for grants to upgrade criminal
records;
(20) $12,000,000 for Paul Coverdell Forensic
Sciences Improvement Grants under part BB of title I of
the 1968 Act;
(21) $125,000,000 for DNA-related and forensic
programs and activities, of which--
(A) $117,000,000 is for a DNA analysis and
capacity enhancement program and for other
local, State, and Federal forensic activities,
including the purposes authorized under section
2 of the DNA Analysis Backlog Elimination Act
of 2000 (the Debbie Smith DNA Backlog Grant
Program);
(B) $4,000,000 is for the purposes
described in the Kirk Bloodsworth Post-
Conviction DNA Testing Program (Public Law 108-
405, section 412); and
(C) $4,000,000 is for Sexual Assault
Forensic Exam Program Grants, including as
authorized by section 304 of Public Law 108-
405;
(22) $4,500,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(23) $38,000,000 for assistance to Indian tribes;
(24) $1,000,000 for the purposes described in the
Missing Alzheimer's Disease Patient Alert Program
(section 240001 of the 1994 Act);
(25) $7,000,000 for a program to monitor
prescription drugs and scheduled listed chemical
products;
(26) $12,500,000 for prison rape prevention and
prosecution and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-
79); and
(27) $63,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of
2007 (Public Law 110-199), of which not to exceed
$4,000,000 is for a program to improve State, local,
and tribal probation supervision efforts and
strategies:
Provided, That if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform non-administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the
PROTECT Our Children Act of 2008 (Public Law 110-401); and
other juvenile justice programs, $262,500,000, to remain
available until expended as follows--
(1) $40,000,000 for programs authorized by section
221 of the 1974 Act, and for training and technical
assistance to assist small, non-profit organizations
with the Federal grants process;
(2) $78,000,000 for youth mentoring grants;
(3) $20,000,000 for delinquency prevention, as
authorized by section 505 of the 1974 Act, of which,
pursuant to sections 261 and 262 thereof--
(A) $10,000,000 shall be for the Tribal
Youth Program;
(B) $5,000,000 shall be for gang and youth
violence education, prevention and
intervention, and related activities; and
(C) $5,000,000 shall be for programs and
activities to enforce State laws prohibiting
the sale of alcoholic beverages to minors or
the purchase or consumption of alcoholic
beverages by minors, for prevention and
reduction of consumption of alcoholic beverages
by minors, and for technical assistance and
training;
(4) $18,000,000 for programs authorized by the
Victims of Child Abuse Act of 1990;
(5) $30,000,000 for the Juvenile Accountability
Block Grants program as authorized by part R of title I
of the 1968 Act and Guam shall be considered a State;
(6) $8,000,000 for community-based violence
prevention initiatives;
(7) $65,000,000 for missing and exploited children
programs, including as authorized by sections 404(b)
and 405(a) of the 1974 Act;
(8) $1,500,000 for child abuse training programs
for judicial personnel and practitioners, as authorized
by section 222 of the 1990 Act; and
(9) $2,000,000 for grants and technical assistance
in support of the National Forum on Youth Violence
Prevention:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officer benefits
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $16,300,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability
and education payments, the Attorney General may transfer such
amounts to ``Public Safety Officer Benefits'' from available
appropriations for the current fiscal year for the Department
of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968 Act'');
and the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''), $198,500,000, to remain available until expended:
Provided, That any balances made available through prior year
deobligations shall only be available in accordance with
section 505 of this Act. Of the amount provided:
(1) $12,500,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug
Enforcement Administration upon enactment of this Act;
(2) $20,000,000 is for improving tribal law
enforcement, including hiring, equipment, training, and
anti-methamphetamine activities; and
(3) $166,000,000 is for grants under section 1701
of title I of the 1968 Act (42 U.S.C. 3796dd) for the
hiring and rehiring of additional career law
enforcement officers under part Q of such title
notwithstanding subsection (i) of such section:
Provided, That notwithstanding subsection (g) of the
1968 Act (42 U.S.C. 3796dd), the Federal share of the
costs of a project funded by such grants may not exceed
75 percent unless the Director of the Office of
Community Oriented Policing Services waives, wholly or
in part, the requirement of a non-Federal contribution
to the costs of a project: Provided further, That
notwithstanding 42 U.S.C. 3796dd-3(c), funding for
hiring or rehiring a career law enforcement officer may
not exceed $125,000, unless the Director of the Office
of Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That within
the amounts appropriated, $15,000,000 shall be
transferred to the Tribal Resources Grant Program to be
used for improving tribal law enforcement, including
hiring, equipment, training, and anti-methamphetamine
activities: Provided further, That within the amounts
appropriated, $10,000,000 is for community policing
development activities in furtherance of the purposes
in section 1701.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs of
individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2013, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (28 U.S.C. 599B) without limitation on the
number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the conduct of
undercover investigative operations and shall apply without
fiscal year limitation with respect to any undercover
investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection and
prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
Sec. 210. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the Deputy
Attorney General and the investment review board certify to the
Committees on Appropriations that the information technology
program has appropriate program management controls and
contractor oversight mechanisms in place, and that the program
is compatible with the enterprise architecture of the
Department of Justice.
Sec. 211. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations from
the amounts designated for specific activities in this Act and
accompanying statement, and to any use of deobligated balances
of funds provided under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213. (a) Within 120 days of enactment of this Act, the
Attorney General shall report to the Committees on
Appropriations of the House of Representatives and the Senate a
cost and schedule estimate for the final operating capability
of the Federal Bureau of Investigation's Sentinel program,
including the costs of Bureau employees engaged in development
work, the costs of operating and maintaining Sentinel for 2
years after achievement of the final operating capability, and
a detailed list of the functionalities included in the final
operating capability compared to the functionalities included
in the previous program baseline.
(b) The report described in subsection (a) shall be
submitted concurrently to the Department of Justice Office of
Inspector General (OIG) and, within 60 days of receiving such
report, the OIG shall provide an assessment of such report to
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 214. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or expenses
of any United States Attorney assigned dual or additional
responsibilities by the Attorney General or his designee that
exempt that United States Attorney from the residency
requirements of 28 U.S.C. 545.
Sec. 215. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available (or
authorized to be made available) by law, with respect to funds
appropriated by this title under the headings ``Research,
Evaluation, and Statistics'', ``State and Local Law Enforcement
Assistance'', and ``Juvenile Justice Programs''--
(1) Up to 3 percent of funds made available to the
Office of Justice Programs for grant or reimbursement
programs may be used by such Office to provide training
and technical assistance; and
(2) Up to 2 percent of funds made available for
grant or reimbursement programs under such headings,
except for amounts appropriated specifically for
research, evaluation, or statistical programs
administered by the National Institute of Justice and
the Bureau of Justice Statistics, shall be transferred
to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation
or statistical purposes, without regard to the
authorizations for such grant or reimbursement
programs, and of such amounts, $1,300,000 shall be
transferred to the Bureau of Prisons for Federal inmate
research and evaluation purposes.
Sec. 216. The Attorney General may, upon request by a
grantee and based upon a determination of fiscal hardship,
waive the requirements of sections 2976(g)(1), 2978(e)(1) and
(2), and 2904 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w(g)(1), 3797w-2(e)(1) and
(2), 3797q-3) with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2010 through
2012 for Adult and Juvenile Offender State and Local Reentry
Demonstration Projects and State, Tribal, and Local Reentry
Courts authorized under part FF of title I of such Act of 1968,
and the Prosecution Drug Treatment Alternatives to Prison
Program authorized under part CC of such Act.
Sec. 217. Notwithstanding any other provision of law,
section 20109(a), in subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(a)), shall not apply to amounts made available by this
title.
Sec. 218. Section 530A of title 28, United States Code, is
hereby amended by replacing ``appropriated'' with ``used from
appropriations'', and by inserting ``(2),'' before ``(3)''.
Sec. 219. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act, may be used by a Federal law
enforcement officer to facilitate the transfer of an operable
firearm to an individual if the Federal law enforcement officer
knows or suspects that the individual is an agent of a drug
cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 220. The Attorney General shall identify an
independent auditor to evaluate the Gulf Coast Claims Facility.
Sec. 221. Section 1761 of title 18, United States Code, is
amended--
(1) by striking ``non-Federal'' in subsection
(c)(1);
(2) by redesignating subsection (d) as subsection
(e); and
(3) by inserting after subsection (c) the following
new subsection:
``(d) This section shall not apply to goods, wares, or
merchandise manufactured, produced, mined or assembled by
convicts or prisoners who are participating in any pilot
project approved by the FPI Board of Directors, which are
currently, or would otherwise be, manufactured, produced,
mined, or assembled outside the United States.''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2012''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601-6671), hire of passenger motor
vehicles, and services as authorized by 5 U.S.C. 3109, not to
exceed $2,250 for official reception and representation
expenses, and rental of conference rooms in the District of
Columbia, $4,500,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and
hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $5,090,000,000, to remain available until September
30, 2013, of which up to $10,000,000 shall be available for a
reimbursable agreement with the Department of Energy for the
purpose of re-establishing facilities to produce fuel required
for radioisotope thermoelectric generators to enable future
missions: Provided, That NASA shall implement the
recommendations of the most recent National Research Council
planetary decadal survey and shall follow the decadal survey's
recommended decision rules regarding program implementation,
including a strict adherence to the recommendation that NASA
include in a balanced program a flagship class mission, which
may be executed in cooperation with one or more international
partners, if such mission can be appropriately de-scoped and
all NASA costs for such mission can be accommodated within the
overall funding levels appropriated by Congress: Provided
further, That the formulation and development costs (with
development cost as defined under 51 U.S.C. 30104) for the
James Webb Space Telescope shall not exceed $8,000,000,000:
Provided further, That should the individual identified under
subparagraph (c)(2)(E) of section 30104 of title 51 as
responsible for the James Webb Space Telescope determine that
the development cost of the program is likely to exceed that
limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it meets
the 30 percent threshold described in subsection (f) of section
30104 of title 51.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and
hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $569,900,000, to remain available until September 30,
2013.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space research and technology
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $575,000,000, to remain available
until September 30, 2013.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and
hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $3,770,800,000, to remain available until September
30, 2013: Provided, That not less than $1,200,000,000 shall be
for the Orion multipurpose crew vehicle, not less than
$1,860,000,000 shall be for the heavy lift launch vehicle
system which shall have a lift capability not less than 130
tons and which shall have an upper stage and other core
elements developed simultaneously, $406,000,000 shall be for
commercial spaceflight activities, and $304,800,000 shall be
for exploration research and development: Provided further,
That not to exceed $316,500,000 of funds provided for the heavy
lift launch vehicle system may be used for ground operations:
Provided further, That $100,000,000 of the funds provided for
commercial spaceflight activities shall only be available after
the NASA Administrator certifies to the Committees on
Appropriations, in writing, that NASA has published the
required notifications of NASA contract actions implementing
the acquisition strategy for the heavy lift launch vehicle
system identified in section 302 of Public Law 111-267 and has
begun to execute relevant contract actions in support of
development of the heavy lift launch vehicle system: Provided
further, That not to exceed $58,000,000 may be transferred to
``Construction and Environmental Compliance and Restoration''
for construction activities related to the Orion multipurpose
crew vehicle and the heavy lift launch vehicle system:
Provided further, That funds so transferred shall not be
subject to the 10 percent transfer limitation described in the
Administrative Provisions in this Act for the National
Aeronautics and Space Administration and shall be treated as a
reprogramming under section 505 of this Act.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance and operation of mission and administrative
aircraft, $4,233,600,000, to remain available until September
30, 2013: Provided, That not to exceed $41,000,000 may be
transferred to ``Construction and Environmental Compliance and
Restoration'' for construction activities only at NASA-owned
facilities: Provided further, That funds so transferred shall
not be subject to the 10 percent transfer limitation described
in the Administrative Provisions in this Act for the National
Aeronautics and Space Administration and shall be treated as a
reprogramming under section 505 of this Act: Provided further,
That acquisition of the Tracking and Data Relay Satellite-M may
be funded incrementally in fiscal year 2012 and thereafter.
education
For necessary expenses, not otherwise provided for, in
carrying out aerospace and aeronautical education research and
development activities, including research, development,
operations, support, and services; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $138,400,000, to remain available
until September 30, 2013, of which $18,400,000 shall be for the
Experimental Program to Stimulate Competitive Research and
$40,000,000 shall be for the National Space Grant College
program.
cross agency support
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, exploration, space
operations and education research and development activities,
including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications
activities; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; not to exceed $63,000 for official
reception and representation expenses; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $2,995,000,000, to remain available
until September 30, 2013, of which $1,000,000 shall be
transferred to ``National Aeronautics and Space Administration,
Office of Inspector General'' and used by the Inspector General
to commission a comprehensive independent assessment of NASA's
strategic direction and agency management: Provided, That not
less than $39,100,000 shall be available for independent
verification and validation activities.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and restoration, and acquisition or condemnation of real
property, as authorized by law, and environmental compliance
and restoration, $390,000,000, to remain available until
September 30, 2017: Provided, That hereafter, notwithstanding
section 315 of the National Aeronautics and Space Act of 1958
(42 U.S.C. 2459j), all proceeds from leases entered into under
that section shall be deposited into this account and shall be
available for a period of 5 years, to the extent provided in
annual appropriations Acts: Provided further, That such
proceeds shall be available for obligation for fiscal year 2012
in an amount not to exceed $3,960,000: Provided further, That
each annual budget request shall include an annual estimate of
gross receipts and collections and proposed use of all funds
collected pursuant to section 315 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2459j).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, $37,300,000,
of which $500,000 shall remain available until September 30,
2013.
administrative provisions
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so transferred
shall be merged with and available for the same purposes and
the same time period as the appropriations to which
transferred. Any transfer pursuant to this provision shall be
treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The unexpired balances of previous accounts, for activities
for which funds are provided under this Act, may be transferred
to the new accounts established in this Act that provide such
activity. Balances so transferred shall be merged with the
funds in the newly established accounts, but shall be available
under the same terms, conditions and period of time as
previously appropriated.
Section 40902 of title 51, United States Code, is amended
by adding at the end the following:
``(d) Availability of Funds.--The interest accruing from
the National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund principal shall be available in
fiscal year 2012 for the purpose of the Endeavor Science
Teacher Certificate Program.''.
51 U.S.C. 20145(b)(1) is amended by inserting ``(A)''
before ``A person'' and by adding at the end thereof the
following new subparagraph (B) as follows:
``(B) Notwithstanding subparagraph (A), the
Administrator may accept in-kind consideration
for leases entered into for the purpose of
developing renewable energy production
facilities.''.
The spending plan required by section 538 of this Act shall
be provided by NASA at the theme, program, project and activity
level. The spending plan, as well as any subsequent change of
an amount established in that spending plan that meets the
notification requirements of section 505 of this Act, shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $5,719,000,000, to remain available until
September 30, 2013, of which not to exceed $550,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical and
other related activities for the United States Antarctic
program: Provided, That receipts for scientific support
services and materials furnished by the National Research
Centers and other National Science Foundation supported
research facilities may be credited to this appropriation:
Provided further, That not less than $150,900,000 shall be
available for activities authorized by section
7002(c)(2)(A)(iv) of Public Law 110-69: Provided further, That
up to $50,000,000 of funds made available under this heading
within this Act may be transferred to ``Major Research
Equipment and Facilities Construction'': Provided further,
That funds so transferred shall not be subject to the transfer
limitations described in the Administrative Provisions in this
Act for the National Science Foundation, and shall be available
until expended only after notification of such transfer to the
Committees on Appropriations.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861-1875), including authorized travel, $167,055,000, to
remain available until expended: Provided, That none of the
funds may be used to reimburse the Judgment Fund.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $829,000,000, to
remain available until September 30, 2013: Provided, That not
less than $54,890,000 shall be available until expended for
activities authorized by section 7030 of Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C.
3109; hire of passenger motor vehicles; not to exceed $8,280
for official reception and representation expenses; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $299,400,000: Provided, That
contracts may be entered into under this heading in fiscal year
2012 for maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950, as amended (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,440,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as amended,
$14,200,000.
administrative provision
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 15
percent by any such transfers. Any transfer pursuant to this
section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
This title may be cited as the ``Science Appropriations
Act, 2012''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,193,000:
Provided, That none of the funds appropriated in this paragraph
shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one
special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125
billable days: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity
or expense that is not explicitly authorized by 42 U.S.C.
1975a: Provided further, That there shall be an Inspector
General at the Commission on Civil Rights who shall have the
duties, responsibilities, and authorities specified in the
Inspector General Act of 1978, as amended: Provided further,
That an individual appointed to the position of Inspector
General of the Government Accountability Office (GAO) shall, by
virtue of such appointment, also hold the position of Inspector
General of the Commission on Civil Rights: Provided further,
That the Inspector General of the Commission on Civil Rights
shall utilize personnel of the Office of Inspector General of
GAO in performing the duties of the Inspector General of the
Commission on Civil Rights, and shall not appoint any
individuals to positions within the Commission on Civil Rights:
Provided further, That of the amounts made available in this
paragraph, $250,000 shall be transferred directly to the Office
of Inspector General of GAO upon enactment of this Act for
salaries and expenses necessary to carry out the duties of the
Inspector General of the Commission on Civil Rights.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, the Civil Rights Act of 1991, the Genetic Information
Non-Discrimination Act (GINA) of 2008 (Public Law 110-233), the
ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including
services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary
awards to private citizens; and $29,500,000 for payments to
State and local enforcement agencies for authorized services to
the Commission, $360,000,000: Provided, That the Commission is
authorized to make available for official reception and
representation expenses not to exceed $2,250 from available
funds: Provided further, That the Commission may take no
action to implement any workforce repositioning, restructuring,
or reorganization until such time as the Committees on
Appropriations have been notified of such proposals, in
accordance with the reprogramming requirements of section 505
of this Act: Provided further, That the Chair is authorized to
accept and use any gift or donation to carry out the work of
the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,250 for official reception and representation expenses,
$80,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$348,000,000, of which $322,400,000 is for basic field programs
and required independent audits; $4,200,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$17,000,000 is for management and grants oversight; $3,400,000
is for client self-help and information technology; and
$1,000,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide locality
pay to officers and employees at a rate no greater than that
provided by the Federal Government to Washington, DC-based
employees as authorized by 5 U.S.C. 5304, notwithstanding
section 1005(d) of the Legal Services Corporation Act, 42
U.S.C. 2996(d): Provided further, That the authorities
provided in section 205 of this Act shall be applicable to the
Legal Services Corporation.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2011 and 2012, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $3,025,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $51,251,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $111,600 shall be available for official reception and
representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which $500,000
shall remain available until September 30, 2013: Provided,
That not to exceed $2,250 shall be available for official
reception and representation expenses.
TITLE V
GENERAL PROVISIONS
(including rescissions)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2012, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates or initiates a new program, project
or activity; (2) eliminates a program, project or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames
offices, programs or activities; (6) contracts out or
privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program, project
or activity, or numbers of personnel by 10 percent; or (8)
results from any general savings, including savings from a
reduction in personnel, which would result in a change in
existing programs, projects or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. During the current fiscal year and in each
fiscal year thereafter, none of the funds made available in
this or any other Act may be used to implement, administer, or
enforce any guidelines of the Equal Employment Opportunity
Commission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in
any respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made available
by this Act shall be used to purchase items that are
manufactured, produced, or assembled in the United States, its
territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 508. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at
the account level. For unobligated, uncommitted balances and
unobligated, committed balances the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly
reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of the first quarter of
fiscal year 2012, and subsequent reports shall be submitted
within 30 days of the end of each quarter thereafter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 509. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent, personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 510. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 511. Hereafter, none of the funds appropriated
pursuant to this Act or any other provision of law may be used
for--
(1) the implementation of any tax or fee in
connection with the implementation of subsection 922(t)
of title 18, United States Code; and
(2) any system to implement subsection 922(t) of
title 18, United States Code, that does not require and
result in the destruction of any identifying
information submitted by or on behalf of any person who
has been determined not to be prohibited from
possessing or receiving a firearm no more than 24 hours
after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g)
or (n) of section 922 of title 18, United States Code,
or State law.
Sec. 512. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $705,000,000 shall
not be available for obligation until the following fiscal
year.
Sec. 513. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law
enforcement authorities in conducting investigations by
tracking the sale and possession of specific firearms.
Law enforcement agencies may request firearms traces
for any reason, and those reasons are not necessarily
reported to the Federal Government. Not all firearms
used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen
for purposes of determining which types, makes, or
models of firearms are used for illicit purposes. The
firearms selected do not constitute a random sample and
should not be considered representative of the larger
universe of all firearms used by criminals, or any
subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for
firearms traced do not necessarily represent the
sources or methods by which firearms in general are
acquired for use in crime.
Sec. 517. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant
to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and
shall submit reports to Congress on the progress of such
audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the results
of the audit available to the public on the Internet website
maintained by the Department, Administration, Foundation, or
Corporation, respectively. The results shall be made available
in redacted form to exclude--
(1) any matter described in section 552(b) of title
5, United States Code; and
(2) sensitive personal information for any
individual, the public access to which could be used to
commit identity theft or for other inappropriate or
unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the costs
of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant or
contract was awarded, such as a banquet or conference held in
connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the grant
or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch
ethics program to all Federal departments, agencies, and
entities.
Sec. 518. None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of
Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
information technology systems unless the respective Secretary
or head of agency, in consultation with the Federal Bureau of
Investigation or other appropriate Federal agencies, has
assessed any associated risk of cyber-espionage or sabotage.
Sec. 519. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of
this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any
Shipper's Export Declaration or notification letter
required by law, or from being otherwise eligible under
the laws of the United States to possess, ship,
transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license
of--
(A) fully automatic firearms and components
and parts for such firearms, other than for end
use by the Federal Government, or a Provincial
or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames)
or complete breech mechanisms for any firearm
listed in Category I, other than for end use by
the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to
another foreign destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified articles
specified in subsection (a) to Canada for end use in Canada or
return to the United States, or temporary import of Canadian-
origin items from Canada for end use in the United States or
return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government
of Canada has implemented or maintained inadequate import
controls for the articles specified in subsection (a), such
that a significant diversion of such articles has and continues
to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the
temporary requirements have ceased.
Sec. 521. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application submitted
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR section 478.112 or .113, for a permit to import United
States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 522. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United
States-Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United
States-Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United
States-Morocco Free Trade Agreement.
Sec. 523. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The
National Security Act of 1947; USA PATRIOT Act; and the laws
amended by these Acts.
Sec. 524. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling
more than $75,000,000 has reasonable cause to believe that the
total program cost has increased by 10 percent, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on
Appropriations within 30 days in writing of such increase, and
shall include in such notice: the date on which such
determination was made; a statement of the reasons for such
increases; the action taken and proposed to be taken to control
future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such
changes have contributed to the increase in total program costs
or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the
project's management structure is adequate to control total
project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2012 until the enactment of the
Intelligence Authorization Act for fiscal year 2012.
Sec. 526. The Departments, agencies, and commissions
funded under this Act, shall establish and maintain on the
homepages of their Internet websites--
(1) a direct link to the Internet Web sites of
their Offices of Inspectors General; and
(2) a mechanism on the Offices of Inspectors
General Web site by which individuals may anonymously
report cases of waste, fraud, or abuse with respect to
those Departments, agencies, and commissions.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 528. (a) Of the unobligated balances available to the
Department of Commerce, the following funds are hereby
rescinded, not later than September 30, 2012, from the
following accounts in the specified amounts--
(1) ``National Telecommunications and Information
Administration, Information Infrastructure Grants'',
$2,000,000;
(2) ``National Telecommunications and Information
Administration, Public Telecommunications Facilities,
Planning and Construction'', $2,750,000; and
(3) ``National Oceanic and Atmospheric
Administration, Foreign Fishing Observer Fund'',
$350,000.
(b) Of the amounts made available under section 3010 of the
Deficit Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000
in unobligated balances are hereby rescinded.
(c) Of the unobligated balances available for ``Emergency
Steel, Oil, and Gas Guaranteed Loan Program Account'', $700,000
are hereby rescinded.
(d) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not later
than September 30, 2012, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $40,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$675,000,000;
(3) ``United States Marshals Service, Salaries and
Expenses'', $2,200,000;
(4) ``Drug Enforcement Administration, Salaries and
Expenses'', $10,000,000;
(5) ``Federal Prison System, Buildings and
Facilities'', $45,000,000;
(6) ``State and Local Law Enforcement Activities,
Office on Violence Against Women, Violence Against
Women Prevention and Prosecution Programs'',
$15,000,000;
(7) ``State and Local Law Enforcement Activities,
Office of Justice Programs'', $55,000,000; and
(8) ``State and Local Law Enforcement Activities,
Community Oriented Policing Services'', $23,605,000.
(e) The Department of Justice shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report no later than September 1, 2012
specifying the amount of each rescission made pursuant to
subsection (d).
(f) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior appropriations,
$30,000,000 are hereby rescinded.
Sec. 529. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve the
ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic
and international disciplines on unfair trade,
especially dumping and subsidies; or
(B) lessen the effectiveness of domestic
and international safeguard provisions, in
order to ensure that United States workers,
agricultural producers, and firms can compete
fully on fair terms and enjoy the benefits of
reciprocal trade concessions; and
(3) to address and remedy market distortions that
lead to dumping and subsidization, including
overcapacity, cartelization, and market-access
barriers.
Sec. 530. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 531. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States, unless
such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of
Federal employees in attendance are law enforcement personnel
stationed outside the United States.
Sec. 532. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
Sec. 533. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 534. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 535. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 536. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States Government receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the following:
(1) Details on future action the department,
agency, or instrumentality will take to resolve
undisbursed balances in expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in
expired grant accounts.
(3) Identification of undisbursed balances in
expired grant accounts that may be returned to the
Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the
total number of expired grant accounts with undisbursed
balances (on the first day of each fiscal year) for the
department, agency, or instrumentality and the total
finances that have not been obligated to a specific
project remaining in the accounts.
Sec. 537. None of the funds made available in this Act may
be used to relocate the Bureau of the Census or employees from
the Department of Commerce to the jurisdiction of the Executive
Office of the President.
Sec. 538. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the National
Science Foundation shall submit spending plans, signed by the
respective department or agency head, to the Committees on
Appropriations of the House of Representatives and the Senate
within 45 days after the date of enactment of this Act.
Sec. 539. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology
Policy (OSTP) to develop, design, plan, promulgate, implement,
or execute a bilateral policy, program, order, or contract of
any kind to participate, collaborate, or coordinate bilaterally
in any way with China or any Chinese-owned company unless such
activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) The limitation in subsection (a) shall also apply to
any funds used to effectuate the hosting of official Chinese
visitors at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA or OSTP have certified
pose no risk of resulting in the transfer of technology, data,
or other information with national security or economic
security implications to China or a Chinese-owned company.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate no later than 14 days prior to
the activity in question and shall include a description of the
purpose of the activity, its major participants, and its
location and timing.
Sec. 540. (a) The head of any department, agency, board or
commission funded by this Act shall submit quarterly reports to
the Inspector General, or the senior ethics official for any
entity without an inspector general, of the appropriate
department, agency, board or commission regarding the costs and
contracting procedures relating to each conference held by the
department, agency, board or commission during fiscal year 2012
for which the cost to the Government was more than $20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection held
during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the
Government relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
and
(C) a discussion of the methodology used to
determine which costs relate to that
conference; and
(3) a description of the contracting procedures
relating to that conference, including--
(A) whether contracts were awarded on a
competitive basis for that conference; and
(B) a discussion of any cost comparison
conducted by the department, agency, board or
commission in evaluating potential contractors
for that conference.
Sec. 541. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to
the proposed importation are met; and
(2) no application for the importation of such
model of shotgun, in the same configuration, had been
denied by the Attorney General prior to January 1,
2011, on the basis that the shotgun was not
particularly suitable for or readily adaptable to
sporting purposes.
Sec. 542. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 543. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that was convicted
of a felony criminal violation under any Federal law within the
preceding 24 months, unless an agency has considered suspension
or debarment of the corporation and made a determination that
this further action is not necessary to protect the interests
of the Government.
Sec. 544. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for
collecting the tax liability, unless an agency has considered
suspension or debarment of the corporation and made a
determination that this further action is not necessary to
protect the interests of the Government.
Sec. 545. All agencies and departments funded under this
Act shall send to the Committees on Appropriations of the House
of Representatives and the Senate at the end of the fiscal year
a report containing a complete inventory of the total number of
vehicles owned, permanently retired, and purchased during
fiscal year 2012 as well as the total cost of the vehicle
fleet, including maintenance, fuel, storage, purchasing, and
leasing.
Sec. 546. None of the funds made available by this or any
other Act for fiscal year 2012 may be used to implement,
administer, or enforce, prior to January 1, 2012, the rule
entitled ``Wage Methodology for the Temporary Non-agricultural
Employment H-2B Program'' published by the Department of Labor
in the Federal Register on January 19, 2011 (76 Fed. Reg. 3452
et seq.).
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2012''.
DIVISION C--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$102,481,000, of which not to exceed $2,618,000 shall be
available for the immediate Office of the Secretary; not to
exceed $984,000 shall be available for the Immediate Office of
the Deputy Secretary; not to exceed $19,515,000 shall be
available for the Office of the General Counsel; not to exceed
$10,107,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$10,538,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,500,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $25,469,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $2,020,000 shall be available for
the Office of Public Affairs; not to exceed $1,595,000 shall be
available for the Office of the Executive Secretariat; not to
exceed $1,369,000 shall be available for the Office of Small
and Disadvantaged Business Utilization; not to exceed
$10,778,000 for the Office of Intelligence, Security, and
Emergency Response; and not to exceed $14,988,000 shall be
available for the Office of the Chief Information Officer:
Provided, That the Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and representation
expenses as the Secretary may determine: Provided further,
That notwithstanding any other provision of law, excluding fees
authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for
Public Affairs.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $500,000,000, to remain available through
September 30, 2013: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State, local
government, transit agency, or a collaboration among such
entities on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a
region: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited
to, highway or bridge projects eligible under title 23, United
States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and
freight rail transportation projects; and port infrastructure
investments: Provided further, That the Secretary shall give
priority to projects which demonstrate transportation benefits
for existing systems or improve interconnectivity between
modes: Provided further, That the Secretary may use up to 35
percent of the funds made available under this heading for the
purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter 6
of title 23, United States Code, if the Secretary finds that
such use of the funds would advance the purposes of this
paragraph: Provided further, That in distributing funds
provided under this heading, the Secretary shall take such
measures so as to ensure an equitable geographic distribution
of funds, an appropriate balance in addressing the needs of
urban and rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $10,000,000 and not
greater than $200,000,000: Provided further, That not more
than 25 percent of the funds made available under this heading
may be awarded to projects in a single State: Provided
further, That the Federal share of the costs for which an
expenditure is made under this heading shall be, at the option
of the recipient, up to 80 percent: Provided further, That not
less than $120,000,000 of the funds provided under this heading
shall be for projects located in rural areas: Provided
further, That for projects located in rural areas, the minimum
grant size shall be $1,000,000 and the Secretary may increase
the Federal share of costs above 80 percent: Provided further,
That projects conducted using funds provided under this heading
must comply with the requirements of subchapter IV of chapter
31 of title 40, United States Code: Provided further, That the
Secretary shall conduct a new competition to select the grants
and credit assistance awarded under this heading: Provided
further, That the Secretary may retain up to $20,000,000 of the
funds provided under this heading, and may transfer portions of
those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Federal Maritime
Administration, to fund the award and oversight of grants and
credit assistance made under the National Infrastructure
Investments program: Provided further, That the Secretary
shall give priority to projects that require a contribution of
Federal funds in order to complete an overall financing
package.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $4,990,000, to remain available
through September 30, 2013.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including improvement of network perimeter controls and
identity management, testing and assessment of information
technology against business, security, and other requirements,
implementation of Federal cyber security initiatives and
information infrastructure enhancements, implementation of
enhanced security controls on network devices, and enhancement
of cyber security workforce training tools, $10,000,000, to
remain available through September 30, 2013.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,384,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $9,000,000.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed $172,000,000
shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services
shall be provided on a competitive basis to entities within the
Department of Transportation: Provided further, That the above
limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this
Act to an agency of the Department shall be transferred to the
Working Capital Fund without majority approval of the Working
Capital Fund Steering Committee and approval of the Secretary:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this
Act unless notice of such assessments and the basis therefor
are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $333,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$18,367,000. In addition, for administrative expenses to carry
out the guaranteed loan program, $589,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,068,000, to remain available until
September 30, 2013: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $143,000,000, to be derived from the
Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That no funds made available under
section 41742 of title 49, United States Code, and no funds
made available in this Act or any other Act in any fiscal year,
shall be available to carry out the essential air service
program under sections 41731 through 41742 of such title 49 in
communities in the 48 contiguous States unless the community
received subsidized essential air service or received a 90-day
notice of intent to terminate service and the Secretary
required the air carrier to continue to provide service to the
community at any time between September 30, 2010, and September
30, 2011, inclusive: Provided further, That basic essential
air service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3) of
title 49, United States Code: Provided further, That if the
funds under this heading are insufficient to meet the costs of
the essential air service program in the current fiscal year,
the Secretary shall transfer such sums as may be necessary to
carry out the essential air service program from any available
amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the normal
reprogramming process for Congressional notification.
Sec. 102. The Secretary or his designee may engage in
activities with States and State legislators to consider
proposals related to the reduction of motorcycle fatalities.
Sec. 103. None of the funds made available under this Act
may be obligated or expended to establish or implement a
program under which essential air service communities are
required to assume subsidy costs commonly referred to as the
EAS local participation program.
Sec. 104. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the Federal
transit pass transportation fringe benefit program under
Executive Order 13150 and section 3049 of Public Law 109-59:
Provided, That the Department shall include adequate safeguards
in the contract with the vendors to ensure timely and high-
quality performance under the contract.
Sec. 105. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the
Credit Council, including the agenda for each meeting, and
require the Credit Council to record the decisions and actions
of each meeting.
(rescission)
Sec. 106. Of the amounts made available by section 185 of
Public Law 109-115, all unobligated balances as of the date of
enactment of this Act are hereby rescinded.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available by
Public Law 108-176, $9,653,395,000, of which $5,060,694,000
shall be derived from the Airport and Airway Trust Fund, of
which not to exceed $7,442,738,000 shall be available for air
traffic organization activities; not to exceed $1,252,991,000
shall be available for aviation safety activities; not to
exceed $16,271,000 shall be available for commercial space
transportation activities; not to exceed $582,117,000 shall be
available for finance and management activities; not to exceed
$98,858,000 shall be available for human resources program
activities; not to exceed $60,134,000 shall be available for
NextGen program activities; and not to exceed $200,286,000
shall be available for staff offices: Provided, That not to
exceed 2 percent of any budget activity, except for aviation
safety budget activity, may be transferred to any budget
activity under this heading: Provided further, That no
transfer may increase or decrease any appropriation by more
than 2 percent: Provided further, That any transfer in excess
of 2 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
not later than May 31, 2012, the Administrator shall submit to
the House and Senate Committees on Appropriations a
comprehensive report that describes all of the findings and
conclusions reached during the Federal Aviation
Administration's efforts to develop an objective, data-driven
method for placing air traffic controllers after the successful
completion of their training at the Federal Aviation
Administration Academy, lists all available options for
establishing such method, and discusses the benefits and
challenges of each option: Provided further, That not later
than March 31 of each fiscal year hereafter, the Administrator
of the Federal Aviation Administration shall transmit to
Congress an annual update to the report submitted to Congress
in December 2004 pursuant to section 221 of Public Law 108-176:
Provided further, That the amount herein appropriated shall be
reduced by $100,000 for each day after March 31 that such
report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year
hereafter, the Administrator shall transmit to Congress a
companion report that describes a comprehensive strategy for
staffing, hiring, and training flight standards and aircraft
certification staff in a format similar to the one utilized for
the controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such
report has not been submitted to Congress: Provided further,
That funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be
credited to this appropriation as offsetting collections funds
received from States, counties, municipalities, foreign
authorities, other public authorities, and private sources for
expenses incurred in the provision of agency services,
including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and
repair station certificates, or for tests related thereto, or
for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not
less than $10,350,000 shall be for the contract tower cost-
sharing program: Provided further, That none of the funds in
this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through,
the Working Capital Fund.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites
by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available
under this heading, including aircraft for aviation regulation
and certification; to be derived from the Airport and Airway
Trust Fund, $2,730,731,000, of which $475,000,000 shall remain
available until September 30, 2012, and of which $2,255,731,000
shall remain available until September 30, 2014: Provided,
That there may be credited to this appropriation funds received
from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national
airspace systems: Provided further, That upon initial
submission to the Congress of the fiscal year 2013 President's
budget, the Secretary of Transportation shall transmit to the
Congress a comprehensive capital investment plan for the
Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2013 through 2017, with total
funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office
of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $167,556,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2014: Provided, That
there may be credited to this appropriation as offsetting
collections, funds received from States, counties,
municipalities, other public authorities, and private sources,
which shall be available for expenses incurred for research,
engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $3,435,000,000 to be derived
from the Airport and Airway Trust Fund and to remain available
until expended: Provided, That none of the funds under this
heading shall be available for the planning or execution of
programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2012, notwithstanding section
47117(g) of title 49, United States Code: Provided further,
That none of the funds under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any
other provision of law, of funds limited under this heading,
not more than $101,000,000 shall be obligated for
administration, not less than $15,000,000 shall be available
for the airport cooperative research program, not less than
$29,250,000 shall be for Airport Technology Research and
$6,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary,
Salaries and Expenses'' to carry out the Small Community Air
Service Development Program.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2012.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and
expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the FAA for
air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy
49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303:
Provided, That during fiscal year 2012, 49 U.S.C. 41742(b)
shall not apply, and any amount remaining in such account at
the close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such appropriation.
Sec. 114. None of the funds limited by this Act for grants
under the Airport Improvement Program shall be made available
to the sponsor of a commercial service airport if such sponsor
fails to agree to a request from the Secretary of
Transportation for cost-free space in a nonrevenue producing,
public use area of the airport terminal or other airport
facilities for the purpose of carrying out a public service air
passenger rights and consumer outreach campaign.
Sec. 115. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 116. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 117. The Secretary shall apportion to the sponsor of
an airport that received scheduled or unscheduled air service
from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other regulations
as may be issued by the Secretary under the authority of
section 41709) an amount equal to the minimum apportionment
specified in 49 U.S.C. 47114(c), if the Secretary determines
that airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the
Secretary under part 241 of title 14, Code of Federal
Regulations.
Sec. 118. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Deputy Assistant Secretary for Administration
of the Department of Transportation.
Sec. 119. Subparagraph (D) of section 47124(b)(3) of title
49, United States Code, is amended by striking ``benefit.'' and
inserting ``benefit, with the maximum allowable local cost
share capped at 20 percent.''.
Sec. 119A. Notwithstanding any other provision of law,
none of the funds made available under this Act or any prior
Act may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a private
aircraft to obtain, upon a request to the Administrator of the
Federal Aviation Administration, a blocking of that owner's or
operator's aircraft registration number from any display of the
Federal Aviation Administration's Aircraft Situational Display
to Industry data that is made available to the public, except
data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Not to exceed $412,000,000, together with advances and
reimbursements received by the Federal Highway Administration,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration for
necessary expenses for administration and operation, of which
$16,000,000 shall be derived from the authority provided in
section 126 in this Act. In addition, not to exceed $3,220,000
shall be paid from appropriations made available by this Act
and transferred to the Appalachian Regional Commission in
accordance with section 104 of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $39,143,582,670 for Federal-aid highways
and highway safety construction programs for fiscal year 2012:
Provided, That within the $39,143,582,670 obligation limitation
on Federal-aid highways and highway safety construction
programs, not more than $429,800,000 shall be available for the
implementation or execution of programs for transportation
research (chapter 5 of title 23, United States Code; sections
111, 5505, and 5506 of title 49, United States Code; and title
5 of Public Law 109-59) for fiscal year 2012: Provided
further, That this limitation on transportation research
programs shall not apply to any authority previously made
available for obligation: Provided further, That the Secretary
may, as authorized by section 605(b) of title 23, United States
Code, collect and spend fees to cover the costs of services of
expert firms, including counsel, in the field of municipal and
project finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs to
the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended
to pay for such costs: Provided further, That such amounts are
in addition to administrative expenses that are also available
for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under
section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, not
otherwise provided, including reimbursement for sums expended
pursuant to the provisions of 23 U.S.C. 308, $39,882,582,670 or
so much thereof as may be available in and derived from the
Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
emergency relief
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $1,662,000,000, to remain available until expended, for
necessary expenses resulting from a major disaster declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided,
That notwithstanding section 125(d)(1) of title 23, United
States Code, the Secretary of Transportation may obligate more
than $100,000,000 for a single natural disaster event in a
State for emergency relief projects arising from damage caused
in fiscal year 2011 by Hurricane Irene or the Missouri River
basin flooding in the spring of 2011, except for events
involving closed hydrologic basins: Provided further, That
notwithstanding section 120 of title 23, United States Code,
for expenses resulting from a disaster eligible under section
125 of title 23, United States Code, occurring in fiscal years
2011 or 2012, the Secretary shall extend the time period in
120(e) in consideration of any delay in the State's ability to
access damaged facilities to evaluate damage and estimate the
cost of repair: Provided further, That the amount provided
under this heading is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2012, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation
for Federal-aid highways amounts authorized for
administrative expenses and programs by section 104(a)
of title 23, United States Code; programs funded from
the administrative takedown authorized by section
104(a)(1) of title 23, United States Code (as in effect
on the date before the date of enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion
program; and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation
limitation for Federal-aid highways that is equal to
the unobligated balance of amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for Federal-aid highways and highway safety
programs for previous fiscal years the funds for which
are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-
aid highways, less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears
to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and
highway safety construction programs (other
than sums authorized to be appropriated for
provisions of law described in paragraphs (1)
through (9) of subsection (b) and sums
authorized to be appropriated for section 105
of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for
such fiscal year), less the aggregate of the
amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4)(A) distribute the obligation limitation for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for sections
1301, 1302, and 1934 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users; sections 117 and section 144(g) of title 23,
United States Code; and section 14501 of title 40,
United States Code, so that the amount of obligation
authority available for each of such sections is equal
to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized
to be appropriated for that section for the fiscal
year; and
(B) distribute $2,000,000,000 for section 105 of
title 23, United States Code;
(5) distribute the obligation limitation provided
for Federal-aid highways, less the aggregate amounts
not distributed under paragraphs (1) and (2) and
amounts distributed under paragraph (4), for each of
the programs that are allocated by the Secretary under
the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title
23, United States Code (other than to programs to which
paragraphs (1) and (4) apply), by multiplying the ratio
determined under paragraph (3) by the amounts
authorized to be appropriated for each such program for
such fiscal year; and
(6) distribute the obligation limitation provided
for Federal-aid highways, less the aggregate amounts
not distributed under paragraphs (1) and (2) and
amounts distributed under paragraphs (4) and (5), for
Federal-aid highways and highway safety construction
programs (other than the amounts apportioned for the
equity bonus program, but only to the extent that the
amounts apportioned for the equity bonus program for
the fiscal year are greater than $2,639,000,000, and
the Appalachian development highway system program)
that are apportioned by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users and title 23, United States
Code, in the ratio that--
(A) amounts authorized to be appropriated
for such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the amounts authorized to
be appropriated for such programs that are
apportioned to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations:
(1) under section 125 of title 23, United States
Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act
of 1981;
(4) under subsections (b) and (j) of section 131 of
the Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c) of section 149 of
the Surface Transportation and Uniform Relocation
Assistance Act of 1987;
(6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991;
(7) under section 157 of title 23, United States
Code, as in effect on the day before the date of the
enactment of the Transportation Equity Act for the 21st
Century;
(8) under section 105 of title 23, United States
Code, as in effect for fiscal years 1998 through 2004,
but only in an amount equal to $639,000,000 for each of
those fiscal years;
(9) for Federal-aid highway programs for which
obligation authority was made available under the
Transportation Equity Act for the 21st Century or
subsequent public laws for multiple years or to remain
available until used, but only to the extent that the
obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States
Code, but only in an amount equal to $639,000,000 for
each of fiscal years 2005 through 2012; and
(11) under section 1603 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users, to the extent that funds obligated in
accordance with that section were not subject to a
limitation on obligations at the time at which the
funds were initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year, and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users, except that
obligation authority made available for such programs under
such limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway
safety construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the
date of the distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the
States any funds that--
(A) are authorized to be appropriated for
such fiscal year for Federal-aid highways
programs; and
(B) the Secretary determines will not be
allocated to the States, and will not be
available for obligation, in such fiscal year
due to the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under
paragraph (1) in the same ratio as the distribution of
obligation authority under subsection (a)(6).
(3) Availability.--Funds distributed under
paragraph (1) shall be available for any purposes
described in section 133(b) of title 23, United States
Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4) shall--
(1) remain available until used for obligation of
funds for that provision; and
(2) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(g) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of the
individual projects numbered greater than 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid Highways account
for the purpose of reimbursing the Bureau for such expenses:
Provided, That such funds shall be subject to the obligation
limitation for Federal-aid Highways and highway safety
construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his statutory authority, any Buy America requirement for
Federal-aid highway projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity on
the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report to
the House and Senate Committees on Appropriations on any
waivers granted under the Buy America requirements.
Sec. 123. (a) In General.--Except as provided in subsection
(b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise
authorize the imposition of any toll on any segment of highway
located on the Federal-aid system in the State of Texas that--
(1) as of the date of enactment of this Act, is not
tolled;
(2) is constructed with Federal assistance provided
under title 23, United States Code; and
(3) is in actual operation as of the date of
enactment of this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not
apply to any segment of highway on the Federal-aid
system described in that subsection that, as of the
date on which a toll is imposed on the segment, will
have the same number of nontoll lanes as were in
existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy
vehicle lane that is converted to a toll lane shall not
be subject to this section, and shall not be considered
to be a nontoll lane for purposes of determining
whether a highway will have fewer nontoll lanes than
prior to the date of imposition of the toll, if--
(A) high-occupancy vehicles occupied by the
number of passengers specified by the entity
operating the toll lane may use the toll lane
without paying a toll, unless otherwise
specified by the appropriate county, town,
municipal or other local government entity, or
public toll road or transit authority; or
(B) each high-occupancy vehicle lane that
was converted to a toll lane was constructed as
a temporary lane to be replaced by a toll lane
under a plan approved by the appropriate
county, town, municipal or other local
government entity, or public toll road or
transit authority.
Sec. 124. The Comptroller General of the United States
shall carry out a study to review how the States and public
transit authorities have used the authority for States to
transfer Federal funds between highway and transit programs.
Not later than 1 year after the date of enactment of this Act,
the Comptroller General shall submit a report to the Congress
describing the use of the transfer authority by the States, the
highway and transit projects funded with these funds, the U.S.
Department of Transportation administrative mechanisms to track
the use of these transferred funds, and the impact the use of
this authority has had on the advancement of highway projects.
Sec. 125. Section 127(a)(11) of title 23, United States
Code, is amended to read as follows:
``(11)(A) With respect to all portions of the
Interstate Highway System in the State of Maine, laws
(including regulations) of that State concerning
vehicle weight limitations applicable to other State
highways shall be applicable in lieu of the
requirements under this subsection through December 31,
2031.
``(B) With respect to all portions of the
Interstate Highway System in the State of Vermont, laws
(including regulations) of that State concerning
vehicle weight limitations applicable to other State
highways shall be applicable in lieu of the
requirements under this subsection through December 31,
2031.''.
Sec. 126. The Secretary may deduct, on a proportional
basis, for administrative expenses of the Federal-aid highway
program, a cumulative sum not to exceed $16,000,000 of the sums
authorized under the Surface Transportation Extension Act of
2011, part II (Public Law 112-30) for the 14 allocated
programs.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31104(i) of title 49, United
States Code, and sections 4127 and 4134 of Public Law 109-59,
$247,724,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until
expended: Provided, That none of the funds derived from the
Highway Trust Fund in this Act shall be available for the
implementation, execution or administration of programs, the
obligations for which are in excess of $247,724,000, for
``Motor Carrier Safety Operations and Programs'' of which
$8,543,000, to remain available for obligation until September
30, 2014, is for the research and technology program and
$1,000,000 shall be available for commercial motor vehicle
operator's grants to carry out section 4134 of Public Law 109-
59: Provided further, That notwithstanding any other provision
of law, none of the funds under this heading for outreach and
education shall be available for transfer: Provided further,
That the Federal Motor Carrier Safety Administration shall
transmit to Congress a report on March 30, 2012 on the agency's
ability to meet its requirement to conduct compliance reviews
on high-risk carriers.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of
title 49, United States Code, and sections 4126 and 4128 of
Public Law 109-59, $307,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That none of the funds in
this Act shall be available for the implementation or execution
of programs, the obligations for which are in excess of
$307,000,000, for ``Motor Carrier Safety Grants''; of which
$212,000,000 shall be available for the motor carrier safety
assistance program to carry out sections 31102 and 31104(a) of
title 49, United States Code; $30,000,000 shall be available
for the commercial driver's license improvements program to
carry out section 31313 of title 49, United States Code;
$32,000,000 shall be available for the border enforcement
grants program to carry out section 31107 of title 49, United
States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry
out sections 31106(b) and 31109 of title 49, United States
Code; $25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program to carry
out section 4126 of Public Law 109-59; and $3,000,000 shall be
available for the safety data improvement program to carry out
section 4128 of Public Law 109-59: Provided further, That of
the funds made available for the motor carrier safety
assistance program, $29,000,000 shall be available for audits
of new entrant motor carriers: Provided further, That of the
prior year unobligated balances for the commercial vehicle
information systems and networks deployment program, $1,000,000
is permanently rescinded.
administrative provision--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-28,
including that the Secretary submit a report to the House and
Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-
domiciled motor carriers.
Sec. 131. Notwithstanding any other provision of law,
States receiving funds for core or expanded deployment
activities under the Commercial Vehicle Information Systems and
Networks program pursuant to sections 4101(c)(4) and 4126 of
Public Law 109-59 that did not meet award eligibility
requirements set forth in section 4126; received grant amounts
in excess of the maximum amounts specified in sections
4126(c)(2) or 4126(d)(3); or were awarded grants either prior
to or after the expiration of the period of performance
specified in a grant agreement, shall not be required to repay
grant amounts received in error under such sections and, in
addition, shall be reimbursed for core or expanded deployment
expenditures such States made before the date of the enactment
of this Act in reliance on a grant awarded in error under such
sections.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109-59 and chapter 301 and
part C of subtitle VI of title 49, United States Code,
$140,146,000, of which $20,000,000 shall remain available
through September 30, 2013.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code, $109,500,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That none of the
funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2012, are in excess of $109,500,000, of which
$105,500,000 shall be for programs authorized under 23 U.S.C.
403, and of which $4,000,000 shall be for the National Driver
Register authorized under chapter 303 of title 49, United
States Code: Provided further, That within the $105,500,000
obligation limitation for operations and research, $20,000,000
shall remain available until September 30, 2013 and shall be in
addition to the amount of any limitation imposed on obligations
for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
59, to remain available until expended, $550,328,000 to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2012, are in
excess of $550,328,000 for programs authorized under 23 U.S.C.
402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
2010, and 2011 of Public Law 109-59, of which $235,000,000
shall be for ``Highway Safety Programs'' under 23 U.S.C. 402;
$25,000,000 shall be for ``Occupant Protection Incentive
Grants'' under 23 U.S.C. 405; $48,500,000 shall be for ``Safety
Belt Performance Grants'' under 23 U.S.C. 406, and such
obligation limitation shall remain available until September
30, 2013 in accordance with subsection (f) of such section 406
and shall be in addition to the amount of any limitation
imposed on obligations for such grants for future fiscal years;
$34,500,000 shall be for ``State Traffic Safety Information
System Improvements'' under 23 U.S.C. 408; $139,000,000 shall
be for ``Alcohol-Impaired Driving Countermeasures Incentive
Grant Program'' under 23 U.S.C. 410; $25,328,000 shall be for
``Administrative Expenses'' under section 2001(a)(11) of Public
Law 109-59; $29,000,000 shall be for ``High Visibility
Enforcement Program'' under section 2009 of Public Law 109-59;
$7,000,000 shall be for ``Motorcyclist Safety'' under section
2010 of Public Law 109-59; and $7,000,000 shall be for ``Child
Safety and Child Booster Seat Safety Incentive Grants'' under
section 2011 of Public Law 109-59: Provided further, That none
of these funds shall be used for construction, rehabilitation,
or remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical
assistance to the States: Provided further, That not to exceed
$750,000 of the funds made available for the ``High Visibility
Enforcement Program'' shall be available for the evaluation
required under section 2009(f) of Public Law 109-59: Provided
further, That of the amounts made available under this heading
for ``Safety Belt Performance Grants'', $25,000,000 shall be
available until expended for the modernization of the National
Automotive Sampling System (NASS).
administrative provisions--national highway traffic safety
administration
Sec. 140. Notwithstanding any other provision of law or
limitation on the use of funds made available under section 403
of title 23, United States Code, an additional $130,000 shall
be made available to the National Highway Traffic Safety
Administration, out of the amount limited for section 402 of
title 23, United States Code, to pay for travel and related
expenses for State management reviews and to pay for core
competency development training and related expenses for
highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws for
multiple years but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $178,596,000, of
which $12,300,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $35,000,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended,
in such amounts and at such times as may be necessary to pay
any amounts required pursuant to the guarantee of the principal
amount of obligations under sections 511 through 513 of such
Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the
credit risk premium during fiscal year 2012.
operating subsidy grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by section
101 of the Passenger Rail Investment and Improvement Act of
2008 (division B of Public Law 110-432), $466,000,000, to
remain available until expended: Provided, That the amounts
available under this paragraph shall be available for the
Secretary to approve funding to cover operating losses for the
Corporation only after receiving and reviewing a grant request
for each specific train route: Provided further, That each
such grant request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That not later than 60 days
after enactment of this Act, the Corporation shall transmit, in
electronic format, to the Secretary, the House and Senate
Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation the annual budget and
business plan and the 5-Year Financial Plan for fiscal year
2012 required under section 204 of the Passenger Rail
Investment and Improvement Act of 2008: Provided further, That
the budget, business plan, and the 5-Year Financial Plan shall
also include a separate accounting of ridership, revenues, and
capital and operating expenses for the Northeast Corridor;
commuter service; long-distance Amtrak service; State-supported
service; each intercity train route, including Autotrain; and
commercial activities including contract operations: Provided
further, That the budget, business plan and the 5-Year
Financial Plan shall include a description of work to be
funded, along with cost estimates and an estimated timetable
for completion of the projects covered by these plans:
Provided further, That the budget, business plan and the 5-Year
Financial Plan shall include annual information on the
maintenance, refurbishment, replacement, and expansion for all
Amtrak rolling stock consistent with the comprehensive fleet
plan: Provided further, That the Corporation shall provide
semiannual reports in electronic format regarding the pending
business plan, which shall describe the work completed to date,
any changes to the business plan, and the reasons for such
changes, and shall identify all sole-source contract awards
which shall be accompanied by a justification as to why said
contract was awarded on a sole-source basis, as well as
progress against the milestones and target dates of the 2011
performance improvement plan: Provided further, That the
Corporation's budget, business plan, 5-Year Financial Plan,
semiannual reports, and all subsequent supplemental plans shall
be displayed on the Corporation's Web site within a reasonable
timeframe following their submission to the appropriate
entities: Provided further, That these plans shall be
accompanied by a comprehensive fleet plan for all Amtrak
rolling stock which shall address the Corporation's detailed
plans and timeframes for the maintenance, refurbishment,
replacement, and expansion of the Amtrak fleet: Provided
further, That said fleet plan shall establish year-specific
goals and milestones and discuss potential, current, and
preferred financing options for all such activities: Provided
further, That none of the funds under this heading may be
obligated or expended until the Corporation agrees to continue
abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of
the summary of conditions for the direct loan agreement of June
28, 2002, in the same manner as in effect on the date of
enactment of this Act: Provided further, That none of the
funds provided in this Act may be used after March 1, 2012, to
support any route on which Amtrak offers a discounted fare of
more than 50 percent off the normal peak fare: Provided
further, That the preceding proviso does not apply to routes
where the operating loss as a result of the discount is covered
by a State and the State participates in the setting of fares:
Provided further, That the Corporation shall submit to the
House and Senate Committees on Appropriations a budget request
for fiscal year 2013 in similar format and substance to those
submitted by executive agencies of the Federal Government.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by section 101(c) and 219(b) of the
Passenger Rail Investment and Improvement Act of 2008 (division
B of Public Law 110-432), $952,000,000, to remain available
until expended, of which not to exceed $271,000,000 shall be
for debt service obligations as authorized by section 102 of
such Act: Provided, That of the amounts made available under
this heading, not less than $50,000,000 shall be made available
to bring Amtrak served facilities and stations into compliance
with the Americans with Disabilities Act: Provided further,
That after an initial distribution of up to $200,000,000, which
shall be used by the Corporation as a working capital account,
all remaining funds shall be provided to the Corporation only
on a reimbursable basis: Provided further, That the Secretary
may retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management
oversight of capital projects funded by grants provided under
this heading, as authorized by subsection 101(d) of division B
of Public Law 110-432: Provided further, That the Secretary
shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation only
after receiving and reviewing a grant request for each specific
capital project justifying the Federal support to the
Secretary's satisfaction: Provided further, That none of the
funds under this heading may be used to subsidize operating
losses of the Corporation: Provided further, That none of the
funds under this heading may be used for capital projects not
approved by the Secretary of Transportation or on the
Corporation's fiscal year 2012 business plan: Provided
further, That in addition to the project management oversight
funds authorized under section 101(d) of division B of Public
Law 110-432, the Secretary may retain up to an additional one-
half of 1 percent of the funds provided under this heading to
fund expenses associated with implementing section 212 of
division B of Public Law 110-432, including the amendments made
by section 212 to section 24905 of title 49, United States
Code.
administrative provisions--federal railroad administration
Sec. 150. Hereafter, notwithstanding any other provision
of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation contracts
to have services provided at or from any location outside the
United States. For purposes of this section, the word
``services'' shall mean any service that was, as of July 1,
2006, performed by a full-time or part-time Amtrak employee
whose base of employment is located within the United States.
Sec. 151. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned automated
track inspection cars and equipment as a result of third-party
liability for such damages, and any amounts collected under
this section shall be credited directly to the Safety and
Operations account of the Federal Railroad Administration, and
shall remain available until expended for the repair, operation
and maintenance of automated track inspection cars and
equipment in connection with the automated track inspection
program.
Sec. 152. Notwithstanding any other provisions of law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase such
stock upon the payment to the Department of an amount
determined by the Secretary.
Sec. 153. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any overtime
costs in excess of $35,000 for any individual employee:
Provided, That the president of Amtrak may waive the cap set in
the previous proviso for specific employees when the president
of Amtrak determines such a cap poses a risk to the safety and
operational efficiency of the system: Provided further, That
Amtrak shall notify House and Senate Committees on
Appropriations within 30 days of waiving such cap and delineate
the reasons for such waiver.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $98,713,000: Provided, That none
of the funds provided or limited in this Act may be used to
create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2013 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on New Starts, including proposed allocations of
funds for fiscal year 2013.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $9,400,000,000 to be derived
from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, shall not exceed total
obligations of $8,360,565,000 in fiscal year 2012.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $44,000,000, to remain available until
expended: Provided, That $6,500,000 is available to carry out
the transit cooperative research program under section 5313 of
title 49, United States Code, $3,500,000 is available for the
National Transit Institute under section 5315 of title 49,
United States Code, and $4,000,000 is available for the
university transportation centers program under section 5506 of
title 49, United States Code: Provided further, That
$25,000,000 is available to carry out innovative research and
demonstrations of national significance under section 5312 of
title 49, United States Code.
capital investment grants
(including rescission)
For necessary expenses to carry out section 5309 of title
49, United States Code, $1,955,000,000, to remain available
until expended, of which $35,481,000 shall be available to
carry out section 5309(e) of such title: Provided, That not
less than $510,000,000 shall be available for preliminary
engineering, final design, and construction of projects that
receive a Full Funding Grant Agreement during calendar year
2012: Provided further, That of the funds appropriated under
this heading in Public Law 111-8, $58,500,000 are hereby
rescinded.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary shall approve grants
for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the
Secretary shall determine that the Washington Metropolitan Area
Transit Authority has placed the highest priority on those
investments that will improve the safety of the system.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the Federal
Transit Administration's discretionary program appropriations
headings for projects specified in this Act or identified in
reports accompanying this Act not obligated by September 30,
2014, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they were
originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2011, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for new fixed guideway system
projects under the heading ``Federal Transit Administration,
Capital Investment Grants'' in any appropriations Act prior to
this Act may be used during this fiscal year to satisfy
expenses incurred for such projects.
Sec. 164. Notwithstanding any other provision of law,
unobligated funds or recoveries under section 5309 of title 49,
United States Code, that are available to the Secretary of
Transportation for reallocation shall be directed to projects
eligible to use the funds for the purposes for which they were
originally provided.
Sec. 165. In addition to the amounts made available under
section 5327(c)(1) of title 49, United States Code, the
Secretary may use, for program management activities described
in section 5327(c)(2), 1 percent of the amount made available
to carry out section 5316 of title 49, United States Code:
Provided, That funds made available for program management
oversight shall be used to oversee the compliance of a
recipient or subrecipient of Federal transit assistance
consistent with activities identified under section 5327(c)(2)
and for purposes of enforcement.
Sec. 166. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(6)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities.
Sec. 167. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to enter
into a full funding grant agreement for a project with a New
Starts share greater than 60 percent.
Sec. 168. Notwithstanding any other provision of law, fuel
for vehicle operations, including the cost of utilities used
for the propulsion of electrically driven vehicles, shall be
treated as an associated capital maintenance item for purposes
of grants made under section 5307 of title 49, United States
Code, in fiscal year 2012. Amounts made available under this
heading shall be limited to $100,000,000.
Sec. 169. The Secretary may not enforce regulations
related to charter bus service under part 604 of title 49, Code
of Federal Regulations, for any transit agency who during
fiscal year 2008 was both initially granted a 60-day period to
come into compliance with part 604, and then was subsequently
granted an exception from said part.
Sec. 169A. For purposes of applying the project
justification and local financial commitment criteria of 49
U.S.C. 5309(d) to a New Starts project, the Secretary may
consider the costs and ridership of any connected project in an
instance in which private parties are making significant
financial contributions to the construction of the connected
project; additionally, the Secretary may consider the
significant financial contributions of private parties to the
connected project in calculating the non-Federal share of net
capital project costs for the New Starts project.
Sec. 169B. All bus new fixed guideway capital projects
recommended in the President's fiscal year 2012 budget request
for funds appropriated under the Capital Investment Grants
heading in this Act or any other Act shall be funded instead
from amounts allocated under 49 U.S.C. 5309(m)(2)(C):
Provided, That all such projects shall remain subject to the
appropriate requirements of 49 U.S.C. 5309(d) and (e).
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and
capital asset renewal of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $32,259,000, to be derived from
the Harbor Maintenance Trust Fund, pursuant to Public Law 99-
662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $174,000,000, to remain available until
expended.
operations and training
(including rescission)
For necessary expenses of operations and training
activities authorized by law, $156,258,000, of which
$11,100,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $2,400,000 shall remain available
through September 30, 2013 for Student Incentive Program
payments at State Maritime Academies, and of which $22,900,000
shall remain available until expended for facilities
maintenance and repair, equipment, and capital improvements at
the United State Merchant Marine Academy: Provided, That
amounts apportioned for the United States Merchant Marine
Academy shall be available only upon allotments made personally
by the Secretary of Transportation or the Assistant Secretary
for Budget and Programs: Provided further, That the
Superintendent, Deputy Superintendent and the Director of the
Office of Resource Management of the United States Merchant
Marine Academy may not be allotment holders for the United
States Merchant Marine Academy, and the Administrator of the
Maritime Administration shall hold all allotments made by the
Secretary of Transportation or the Assistant Secretary for
Budget and Programs under the previous proviso: Provided
further, That 50 percent of the funding made available for the
United States Merchant Marine Academy under this heading shall
be available only after the Secretary, in consultation with the
Superintendent and the Maritime Administrator, completes a plan
detailing by program or activity how such funding will be
expended at the Academy, and this plan is submitted to the
House and Senate Committees on Appropriations: Provided
further, That of the prior year unobligated balances under this
heading for information technology requirements of Public Law
111-207, $980,000 are permanently rescinded.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $5,500,000, to remain available until expended.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 3508 of Public Law 110-417 or section 54101 of title
46, United States Code, $9,980,000, to remain available until
expended: Provided, That to be considered for assistance, a
qualified shipyard shall submit an application for assistance
no later than 60 days after enactment of this Act: Provided
further, That from applications submitted under the previous
proviso, the Secretary of Transportation shall make grants no
later than 120 days after enactment of this Act in such amounts
as the Secretary determines.
maritime guaranteed loan (title xi) program account
(including rescission and transfer of funds)
For the necessary administrative expenses of the maritime
guaranteed loan program, $3,740,000 shall be paid to the
appropriation for ``Operations and Training'', Maritime
Administration: Provided, That of the unobligated balance of
funds made available for obligation under Public Law 110-329
and Public Law 111-118, $35,000,000 are permanently rescinded.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration, and payments
received therefor shall be credited to the appropriation
charged with the cost thereof: Provided, That rental payments
under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into
the Treasury as miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in
this Act shall be used by the United States Department of
Transportation or the United States Maritime Administration to
negotiate or otherwise execute, enter into, facilitate or
perform fee-for-service contracts for vessel disposal,
scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and
scrap or recycle a vessel owned, operated or managed by the
Maritime Administration or that is part of the National Defense
Reserve Fleet. Such sales offers must be consistent with the
solicitation and provide that the work will be performed in a
timely manner at a facility qualified within the meaning of
section 3502 of Public Law 106-398. Nothing contained herein
shall affect the Maritime Administration's authority to award
contracts at least cost to the Federal Government and
consistent with the requirements of 16 U.S.C. Sec. 5405(c),
section 3502, or otherwise authorized under the Federal
Acquisition Regulation.
Sec. 172. Notwithstanding any other provision of law, none
of the funds provided in this Act shall be used to make a
determination of the nonavailability of qualified United States
flag capacity for purposes of 46 U.S.C. 501(b) for the
transportation of crude oil distributed from the Strategic
Petroleum Reserve unless as part of that determination the
Secretary of Transportation, after consultation with
representatives from the United States flag maritime industry,
provides to the Secretary of Homeland Security a list of United
States flag vessels with single or collective capacity that may
be capable of providing the requested transportation services
and a written justification for not using such United States
flag vessels.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $21,360,000, of
which $639,000 shall be derived from the Pipeline Safety Fund:
Provided, That $1,000,000 shall be transferred to ``Pipeline
Safety'' in order to fund ``Pipeline Safety Information Grants
to Communities'' as authorized under section 60130 of title 49,
United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $42,338,000, of which $1,716,000 shall remain
available until September 30, 2014: Provided, That up to
$800,000 in fees collected under 49 U.S.C. 5108(g) shall be
deposited in the general fund of the Treasury as offsetting
receipts: Provided further, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for
travel expenses incurred in performance of hazardous materials
exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107, and
to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990, $109,252,000, of which $18,573,000 shall
be derived from the Oil Spill Liability Trust Fund and shall
remain available until September 30, 2014; and of which
$90,679,000 shall be derived from the Pipeline Safety Fund, of
which $48,191,000 shall remain available until September 30,
2014: Provided, That not less than $1,058,000 of the funds
provided under this heading shall be for the one-call State
grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2013: Provided, That
not more than $28,318,000 shall be made available for
obligation in fiscal year 2012 from amounts made available by
49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That none
of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals
other than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative
Technology Administration, $15,981,000, of which $9,007,000
shall remain available until September 30, 2014: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $79,624,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act,
as amended (5 U.S.C. App. 3), to investigate allegations of
fraud, including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made
available under this heading may be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air
carriers and ticket agents; and
(2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso:
Provided further, That no funding through expenditure
transfers shall be made between either the Federal Highway
Administration, the Federal Aviation Administration, the
Federal Transit Administration, or the National Transportation
Safety Board, and the Office of Inspector General.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $29,310,000:
Provided, That notwithstanding any other provision of law, not
to exceed $1,250,000 from fees established by the Chairman of
the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further,
That the sum herein appropriated from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2012, to result in
a final appropriation from the general fund estimated at no
more than $28,060,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.
Sec. 183. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for
a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training may be credited respectively to the
Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Research and
University Research Centers'' account, and to the Federal
Railroad Administration's ``Safety and Operations'' account,
except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
Sec. 185. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project competitively selected to receive a
discretionary grant award, any discretionary grant award,
letter of intent, or full funding grant agreement totaling
$1,000,000 or more is announced by the department or its modal
administrations from:
(1) any discretionary grant program of the Federal
Highway Administration including the emergency relief
program;
(2) the airport improvement program of the Federal
Aviation Administration;
(3) any program of the Federal Railroad
Administration;
(4) any program of the Federal Transit
Administration other than the formula grants and fixed
guideway modernization programs; or
(5) any funding provided under the headings
``National Infrastructure Investments'' and
``Assistance to Small Shipyards'' in this Act:
Provided, That the Secretary gives concurrent
notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from
the emergency relief program: Provided further, That
no notification shall involve funds that are not
available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to
be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such funds
shall be available until expended.
Sec. 187. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by
the Department of Transportation in recovering improper
payments; and
(2) to pay contractors for services provided in
recovering improper payments or contractor support in
the implementation of the Improper Payments Information
Act of 2002: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with
the appropriation from which the improper
payments were made, and shall be available for
the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains
available, shall be deposited in the Treasury
as miscellaneous receipts: Provided further,
That prior to the transfer of any such recovery
to an appropriations account, the Secretary
shall notify to the House and Senate Committees
on Appropriations of the amount and reasons for
such transfer: Provided further, That for
purposes of this section, the term ``improper
payments'', has the same meaning as that
provided in section 2(d)(2) of Public Law 107-
300.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the
House and Senate Committees on Appropriations, said
reprogramming action shall be approved or denied solely by the
Committees on Appropriations: Provided, That the Secretary may
provide notice to other congressional committees of the action
of the Committees on Appropriations on such reprogramming but
not sooner than 30 days following the date on which the
reprogramming action has been approved or denied by the House
and Senate Committees on Appropriations.
Sec. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate complaints filed with
the Board in an amount in excess of the amount authorized for
district court civil suit filing fees under section 1914 of
title 28, United States Code.
Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or reimbursable
agreements only when such amounts are for the costs of goods
and services that are purchased to provide a direct benefit to
the applicable modal administration or administrations.
Sec. 191. (a) Membership.--Section 49106(c)(1) of title 49,
United States Code, is amended--
(1) in the matter preceding subparagraph (A) by
striking ``13 members'' and inserting ``17 members'';
(2) in subparagraph (A) by striking ``5 members''
and inserting ``7 members'';
(3) in subparagraph (B) by striking ``3 members''
and inserting ``4 members''; and
(4) in subparagraph (C) by striking ``2 members''
and inserting ``3 members''.
(b) Term.--Section 49106(c)(3) of title 49, United States
Code, is amended by striking the second sentence and inserting
the following: ``Any member of the board shall be eligible for
reappointment for 1 additional term. A member shall not serve
after the expiration of the member's term(s).''.
(c) Removal of Board Members.--Section 49106(c)(6)(C) of
title 49, United States Code, is amended by inserting after the
first sentence: ``A member appointed by the Mayor of the
District of Columbia, the Governor of Maryland or the Governor
of Virginia may be removed or suspended from office only for
cause and in accordance with the laws of jurisdiction from
which the member is appointed.''.
(d) Approval of Bond Issues and Annual Budget.--Section
49106(c)(7) of title 49, United States Code, is amended by
striking ``Eight votes'' and inserting ``Ten votes''.
Sec. 192. None of the funds shall be used to enforce
traffic control device compliance dates on State and local
governments for the requirements listed in the Manual on
Uniform Traffic Control Devices (MUTCD) to maintain minimum
levels of sign retroflectivity and with minimum letter heights
for street name signs; require agencies to implement an
assessment or management method designed to maintain sign
retroflectivity at or above the established minimum levels,
except with respect to implementing an assessment or management
method for regulatory and warning signs; or require agencies to
replace regulatory, warning, post-mounted, street name, and
overhead guide signs that are identified using the assessment
or management method as failing to meet the established minimum
retroflectivity levels.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2012''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
administration, operations, and management
For necessary salaries and expenses for administration,
management and operations of the Department of Housing and
Urban Development, $537,789,000, of which not to exceed
$3,572,000 shall be available for the immediate Office of the
Secretary; not to exceed $1,200,000 shall be for the Office of
the Deputy Secretary and the Chief Operating Officer; not to
exceed $1,700,000 shall be available for the Office of Hearings
and Appeals; not to exceed $741,000 shall be available for the
Office of Small and Disadvantaged Business Utilization; not to
exceed $47,980,000 shall be available for the Office of the
Chief Financial Officer; not to exceed $94,000,000 shall be
available for the Office of the General Counsel; not to exceed
$2,400,000 shall be available to the Office of Congressional
and Intergovernmental Relations; not to exceed $3,515,000 shall
be available for the Office of Public Affairs; not to exceed
$255,436,000 shall be available for the Office of the Chief
Human Capital Officer; not to exceed $10,475,000 shall be
available for the Office of Departmental Operations and
Coordination; not to exceed $47,500,000 shall be available for
the Office of Field Policy and Management; not to exceed
$14,700,000 shall be available for the Office of the Chief
Procurement Officer; not to exceed $3,610,000 shall be
available for the Office of Departmental Equal Employment
Opportunity; not to exceed $1,448,000 shall be available for
the Center for Faith-Based and Community Initiatives; not to
exceed $2,627,000 shall be available for the Office of
Sustainable Housing and Communities; not to exceed $5,000,000
shall be available for the Office of Strategic Planning and
Management; and not to exceed $41,885,000 shall be available
for the Office of the Chief Information Officer: Provided,
That funds provided under this heading may be used for
necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise
provided for, including purchase of uniforms, or allowances
therefore, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C.
3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that support
the housing mission area: Provided further, That the Secretary
shall transmit to the House and Senate Committees on
Appropriations a detailed budget justification for each office
within the Department, including an organizational chart for
each operating area within the Department: Provided further,
That the budget justification shall include funding levels for
the past 3 fiscal years for all offices: Provided further,
that the budget submitted by the Department must also include a
detailed justification for the incremental funding increases,
decreases and FTE fluctuations being requested by program,
activity, or program element: Provided further, That the
Department shall modify and improve its Resource Estimation and
Allocation Program model, or other appropriate staff allocation
model as specified in the statement of the managers
accompanying this Act: Provided further, That the Secretary
shall provide the Committees on Appropriations quarterly
written notification regarding the status of pending
congressional reports: Provided further, That the Secretary
shall provide all signed reports required by Congress
electronically: Provided further, That not to exceed $25,000
of the amount made available under this paragraph for the
immediate Office of the Secretary shall be available for
official reception and representation expenses as the Secretary
may determine.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $200,000,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development mission area, $100,000,000.
housing
For necessary salaries and expenses of the Office of
Housing, $391,500,000, of which at least $8,200,000 shall be
for the Office of Risk and Regulatory Affairs.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $22,211,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $72,600,000.
office of healthy homes and lead hazard control
For necessary salaries and expenses of the Office of
Healthy Homes and Lead Hazard Control, $7,400,000.
Rental Assistance Demonstration
To conduct a demonstration designed to preserve and improve
public housing and certain other multifamily housing through
the voluntary conversion of properties with assistance under
section 9 of the United States Housing Act of 1937,
(hereinafter, ``the Act''), or the moderate rehabilitation
program under section 8(e)(2) of the Act (except for funds
allocated under such section for single room occupancy
dwellings as authorized by title IV of the McKinney-Vento
Homeless Assistance Act), to properties with assistance under a
project-based subsidy contract under section 8 of the Act,
which shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997, or assistance under section 8(o)(13) of the Act, the
Secretary may transfer amounts provided through contracts under
section 8(e)(2) of the Act or under the headings ``Public
Housing Capital Fund'' and ``Public Housing Operating Fund'' to
the headings ``Tenant-Based Rental Assistance'' or ``Project-
Based Rental Assistance'': Provided, That the initial long-
term contract under which converted assistance is made
available may allow for rental adjustments only by an operating
cost factor established by the Secretary, and shall be subject
to the availability of appropriations for each year of such
term: Provided further, That project applications may be
received under this demonstration until September 30, 2015:
Provided further, That any increase in cost for ``Tenant-Based
Rental Assistance'' or ``Project-Based Rental Assistance''
associated with such conversion shall be equal to amounts
transferred from ``Public Housing Capital Fund'' and ``Public
Housing Operating Fund'' or other account from which it was
transferred: Provided further, That not more than 60,000 units
currently receiving assistance under section 9 or section
8(e)(2) of the Act shall be converted under the authority
provided under this heading: Provided further, That tenants of
such properties with assistance converted from assistance under
section 9 shall, at a minimum, maintain the same rights under
such conversion as those provided under sections 6 and 9 of the
Act: Provided further, That the Secretary shall select
properties from applications for conversion as part of this
demonstration through a competitive process: Provided further,
That in establishing criteria for such competition, the
Secretary shall seek to demonstrate the feasibility of this
conversion model to recapitalize and operate public housing
properties (1) in different markets and geographic areas, (2)
within portfolios managed by public housing agencies of varying
sizes, and (3) by leveraging other sources of funding to
recapitalize properties: Provided further, That the Secretary
shall provide an opportunity for public comment on draft
eligibility and selection criteria and procedures that will
apply to the selection of properties that will participate in
the demonstration: Provided further, That the Secretary shall
provide an opportunity for comment from residents of properties
to be proposed for participation in the demonstration to the
owners or public housing agencies responsible for such
properties: Provided further, That the Secretary may waive or
specify alternative requirements for (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment) any provision of section 8(o)(13) or any
provision that governs the use of assistance from which a
property is converted under the demonstration or funds made
available under the headings of ``Public Housing Capital
Fund'', ``Public Housing Operating Fund'', and ``Project-Based
Rental Assistance'', under this Act or any prior Act or any Act
enacted during the period of conversion of assistance under the
demonstration for properties with assistance converted under
the demonstration, upon a finding by the Secretary that any
such waivers or alternative requirements are necessary for the
effective conversion of assistance under the demonstration:
Provided further, That the Secretary shall publish by notice in
the Federal Register any waivers or alternative requirements
pursuant to the previous proviso no later than 10 days before
the effective date of such notice: Provided further, That the
demonstration may proceed after the Secretary publishes notice
of its terms in the Federal Register: Provided further, That
notwithstanding sections 3 and 16 of the Act, the conversion of
assistance under the demonstration shall not be the basis for
re-screening or termination of assistance or eviction of any
tenant family in a property participating in the demonstration,
and such a family shall not be considered a new admission for
any purpose, including compliance with income targeting
requirements: Provided further, That in the case of a property
with assistance converted under the demonstration from
assistance under section 9 of the Act, section 18 of the Act
shall not apply to a property converting assistance under the
demonstration for all or substantially all of its units, the
Secretary shall require ownership or control of assisted units
by a public or nonprofit entity except as determined by the
Secretary to be necessary pursuant to foreclosure, bankruptcy,
or termination and transfer of assistance for material
violations or substantial default, in which case the priority
for ownership or control shall be provided to a capable public
entity, then a capable entity, as determined by the Secretary,
shall require long-term renewable use and affordability
restrictions for assisted units, and may allow ownership to be
transferred to a for-profit entity to facilitate the use of tax
credits only if the public housing agency preserves its
interest in the property in a manner approved by the Secretary,
and upon expiration of the initial contract and each renewal
contract, the Secretary shall offer and the owner of the
property shall accept renewal of the contract subject to the
terms and conditions applicable at the time of renewal and the
availability of appropriations each year of such renewal:
Provided further, That the Secretary may permit transfer of
assistance at or after conversion under the demonstration to
replacement units subject to the requirements in the previous
proviso: Provided further, That the Secretary may establish
the requirements for converted assistance under the
demonstration through contracts, use agreements, regulations,
or other means: Provided further, That the Secretary shall
assess and publish findings regarding the impact of the
conversion of assistance under the demonstration on the
preservation and improvement of public housing, the amount of
private sector leveraging as a result of such conversion, and
the effect of such conversion on tenants: Provided further,
That for fiscal years 2012 and 2013, owners of properties
assisted under section 101 of the Housing and Urban Development
Act of 1965, section 236(f)(2) of the National Housing Act, or
section 8(e)(2) (except for funds allocated under such section
for single room occupancy dwellings as authorized by title IV
of the McKinney-Vento Homeless Assistance Act) of the United
States Housing Act of 1937 for which an event after October 1,
2006 has caused or results in the termination of rental
assistance or affordability restrictions and the issuance of
tenant protection vouchers under section 8(o) of the Act, shall
be eligible, subject to requirements established by the
Secretary, including but not limited to tenant consultation
procedures and agreement of the administering public housing
agency, for conversion of assistance available for such
vouchers to assistance under section 8(o)(13) of the Act, to
which the limitation under subsection (B) of section 8(o)(13)
of the Act shall not apply and for which the Secretary of
Housing and Urban Development may waive or alter the provisions
of subparagraphs (C) and (D) of section 8(o)(13) of the Act:
Provided further, That with respect to the previous proviso,
the Comptroller General of the United States shall conduct a
study of the long-term impact of the previous proviso on the
ratio of tenant-based vouchers to project-based vouchers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the
Act'' herein), not otherwise provided for, $14,914,369,000, to
remain available until expended, shall be available on October
1, 2011 (in addition to the $4,000,000,000 previously
appropriated under this heading that became available on
October 1, 2011), and $4,000,000,000, to remain available until
expended, shall be available on October 1, 2012: Provided,
That of the amounts made available under this heading are
provided as follows:
(1) $17,242,351,000 shall be available for renewals
of expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers
under any provision of law authorizing such assistance
under section 8(t) of the Act) and including renewal of
other special purpose incremental vouchers: Provided,
That notwithstanding any other provision of law, from
amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2012
funding cycle shall provide renewal funding for each
public housing agency based on validated voucher
management system (VMS) leasing and cost data for the
prior calendar year and by applying an inflation factor
as established by the Secretary, by notice published in
the Federal Register, and by making any necessary
adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including
tenant protection and HOPE VI vouchers: Provided
further, That none of the funds provided under this
paragraph may be used to fund a total number of unit
months under lease which exceeds a public housing
agency's authorized level of units under contract,
except for public housing agencies participating in the
Moving to Work (MTW) demonstration, which are instead
governed by the terms and conditions of their MTW
agreements: Provided further, That the Secretary
shall, to the extent necessary to stay within the
amount specified under this paragraph (except as
otherwise modified under this Act), pro rate each
public housing agency's allocation otherwise
established pursuant to this paragraph: Provided
further, That except as provided in the following
provisos, the entire amount specified under this
paragraph (except as otherwise modified under this Act)
shall be obligated to the public housing agencies based
on the allocation and pro rata method described above,
and the Secretary shall notify public housing agencies
of their annual budget not later than 60 days after
enactment of this Act: Provided further, That the
Secretary may extend the 60-day notification period
with the prior written approval of the House and Senate
Committees on Appropriations: Provided further, That
public housing agencies participating in the Moving to
Work demonstration shall be funded pursuant to their
Moving to Work agreements and shall be subject to the
same pro rata adjustments under the previous provisos:
Provided further, That up to $103,000,000 shall be
available only: (1) to adjust the allocations for
public housing agencies, after application for an
adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary,
in renewal costs of tenant-based rental assistance
resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for
vouchers that were not in use during the 12-month
period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act; (3) for
adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers; and (4)
for incremental tenant-based assistance for eligible
families currently assisted under the Disaster Voucher
Program as authorized by Public Law 109-148 under this
heading and the Disaster Housing Assistance Program for
Hurricanes Ike and Gustav on the condition that such
vouchers will not be re-issued when families leave the
program: Provided further, That the Secretary shall
allocate amounts under the previous proviso based on
need as determined by the Secretary;
(2) $75,000,000 shall be for section 8 rental
assistance for relocation and replacement of housing
units that are demolished or disposed of pursuant to
section 18 of the Act, conversion of section 23
projects to assistance under section 8, the family
unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to
a request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance or for project-
based assistance to prevent the displacement of
unassisted elderly tenants currently residing in
section 202 properties financed between 1959 and 1974
that are refinanced pursuant to Public Law 106-569, as
amended, or under the authority as provided under this
Act: Provided, That when a public housing development
is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide
section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may only provide
replacement vouchers for units that were occupied
within the previous 24 months that cease to be
available as assisted housing, subject only to the
availability of funds: Provided further, That of the
amounts made available under this paragraph,
$10,000,000 may be available to provide tenant
protection assistance, not otherwise provided under
this paragraph, to residents residing in low-vacancy
areas and who may have to pay rents greater than 30
percent of household income, as the result of (1) the
maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to
loan prepayment; (2) the expiration of a rental
assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection
assistance under existing law; or (3) the expiration of
affordability restrictions accompanying a mortgage or
preservation program administered by the Secretary:
Provided further, That such tenant protection
assistance made available under the previous proviso
may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the
previous provisos, including, but not limited to,
requirements for defining eligible at-risk households
within 120 days of the enactment of this Act;
(3) $1,350,000,000 shall be for administrative and
other expenses of public housing agencies in
administering the section 8 tenant-based rental
assistance program, of which up to $50,000,000 shall be
available to the Secretary to allocate to public
housing agencies that need additional funds to
administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related
vouchers, Veterans Affairs Supportive Housing vouchers,
and other incremental vouchers: Provided, That no less
than $1,300,000,000 of the amount provided in this
paragraph shall be allocated to public housing agencies
for the calendar year 2012 funding cycle based on
section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the
enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available
under this paragraph are insufficient to pay the
amounts determined under the previous proviso, the
Secretary may decrease the amounts allocated to
agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may,
to the extent necessary to provide full payment of
amounts determined under the previous proviso, utilize
unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading from prior fiscal years, notwithstanding the
purposes for which such amounts were appropriated:
Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized
under section 8, including related development
activities;
(4) $60,000,000 shall be available for family self-
sufficiency coordinators under section 23 of the Act;
(5) $112,018,000 for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses;
(6) $75,000,000 for incremental rental voucher
assistance for use through a supported housing program
administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19)
of the United States Housing Act of 1937: Provided,
That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding
section 204 (competition provision) of this title, to
public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based
on geographical need for such assistance as identified
by the Secretary of the Department of Veterans Affairs,
public housing agency administrative performance, and
other factors as specified by the Secretary of Housing
and Urban Development in consultation with the
Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of
the Department of Veterans Affairs), any provision of
any statute or regulation that the Secretary of Housing
and Urban Development administers in connection with
the use of funds made available under this paragraph
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
and
(7) The Secretary shall separately track all
special purpose vouchers funded under this heading.
housing certificate fund
(rescission)
Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading,
$200,000,000 are rescinded, to be effected by the Secretary of
Housing and Urban Development no later than September 30, 2012:
Provided, That if insufficient funds exist under this heading,
the remaining balance may be derived from any other unobligated
balances available under any heading under this title funded in
fiscal year 2011 and prior years: Provided further, That the
Secretary shall notify the Committees on Appropriations of the
unobligated balances used to meet this rescission 30 days in
advance of such rescission: Provided further, That any such
balances governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
cancelled.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies,
as authorized under section 9 of the United States Housing Act
of 1937 (42 U.S.C. 1437g) (the ``Act'') $1,875,000,000, to
remain available until September 30, 2015: Provided, That
notwithstanding any other provision of law or regulation,
during fiscal year 2012 the Secretary of Housing and Urban
Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for
Public and Indian Housing any authority under paragraph (2) of
section 9(j) regarding the extension of the time periods under
such section: Provided further, That for purposes of such
section 9(j), the term ``obligate'' means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future:
Provided further, That up to $10,000,000 shall be to support
the ongoing Public Housing Financial and Physical Assessment
activities of the Real Estate Assessment Center (REAC):
Provided further, That of the total amount provided under this
heading, not to exceed $20,000,000 shall be available for the
Secretary to make grants, notwithstanding section 204 of this
Act, to public housing agencies for emergency capital needs
including safety and security measures necessary to address
crime and drug-related activity as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2012: Provided further, That of the total amount provided
under this heading $50,000,000 shall be for supportive
services, service coordinator and congregate services as
authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.): Provided further, That of
the total amount provided under this heading, up to $5,000,000
is to support the costs of administrative and judicial
receiverships: Provided further, That from the funds made
available under this heading, the Secretary shall provide bonus
awards in fiscal year 2012 to public housing agencies that are
designated high performers.
public housing operating fund
For 2012 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $3,961,850,000, of which $20,000,000 shall be
available until September 30, 2013: Provided, That in
determining public housing agencies', including Moving to Work
agencies', calendar year 2012 funding allocations under this
heading, the Secretary shall take into account public housing
agencies' excess operating fund reserves, as determined by the
Secretary: Provided further, That Moving to Work agencies
shall receive a pro-rata reduction consistent with their peer
groups: Provided further, That no public housing agency shall
be left with less than $100,000 in operating reserves:
Provided further, That the Secretary shall not offset excess
reserves by more than $750,000,000: Provided further, That in
implementing such allocation reductions, the Secretary shall
establish a process by which public housing agencies can appeal
the initial allocation amounts and the Secretary shall consider
adjustments based on such factors, including prior funding
reservations, commitments related to mixed finance
developments, or reporting errors: Provided further, That the
Secretary shall notify public housing agencies of such process
and what documentation may be required as part of such appeal:
Provided further, That following the appeals process
established under the previous two provisos, the Secretary
shall make final allocations: Provided further, That of the
amount provided under this heading up to $20,000,000 may be set
aside to provide assistance to any public housing authority who
encounters financial hardship as a direct result of an excess
reserve offset applied to an allocation of funding under this
heading: Provided further, That the Secretary shall provide
flexibility to public housing agencies to use excess operating
reserves for capital improvements.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States Housing
Act of 1937 (42 U.S.C. 1437v), unless otherwise specified under
this heading), for transformation, rehabilitation, and
replacement housing needs of both public and HUD-assisted
housing and to transform neighborhoods of poverty into
functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation
and access to jobs, $120,000,000, to remain available until
September 30, 2014: Provided, That grant funds may be used for
resident and community services, community development, and
affordable housing needs in the community, and for conversion
of vacant or foreclosed properties to affordable housing:
Provided further, That use of funds made available under this
heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further,
That grantees shall commit to an additional period of
affordability determined by the Secretary, but not fewer than
20 years: Provided further, That grantees shall undertake
comprehensive local planning with input from residents and the
community, and that grantees shall provide a match in State,
local, other Federal or private funds: Provided further, That
grantees may include local governments, tribal entities, public
housing authorities, and nonprofits: Provided further, That
for-profit developers may apply jointly with a public entity:
Provided further, That of the amount provided, not less than
$80,000,000 shall be awarded to public housing authorities:
Provided further, That such grantees shall create partnerships
with other local organizations including assisted housing
owners, service agencies, and resident organizations: Provided
further, That the Secretary shall consult with the Secretaries
of Education, Labor, Transportation, Health and Human Services,
Agriculture, and Commerce and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That no
more than $5,000,000 of funds made available under this heading
may be provided to assist communities in developing
comprehensive strategies for implementing this program or
implementing other revitalization efforts in conjunction with
community notice and input: Provided further, That the
Secretary shall develop and publish guidelines for the use of
such competitive funds, including but not limited to eligible
activities, program requirements, and performance metrics.
native american housing block grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $650,000,000, to remain available until
September 30, 2016: Provided, That, notwithstanding the Native
American Housing Assistance and Self-Determination Act of 1996,
to determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of
the amounts made available under this heading, $2,000,000 shall
be contracted for assistance for national or regional
organizations representing Native American housing interests
for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities
and $2,000,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical
assistance in the training, oversight, and management of such
Indian housing and tenant-based assistance, including up to
$200,000 for related travel: Provided further, That of the
amount provided under this heading, $2,000,000 shall be made
available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such
notes and other obligations, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part
of which is to be guaranteed, not to exceed $20,000,000:
Provided further, That the Department will notify grantees of
their formula allocation within 60 days of enactment of this
Act.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $13,000,000, to remain available until expended:
Provided, That of this amount, $300,000 shall be for training
and technical assistance activities, including up to $100,000
for related travel by Hawaii-based HUD employees.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $6,000,000, to remain available until expended:
Provided, That such costs, including the costs of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part
of which is to be guaranteed, up to $360,000,000: Provided
further, That up to $750,000 of this amount may be used for
administrative contract expenses including management processes
and systems to carry out the loan guarantee program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z) and for such costs for loans used for
refinancing, $386,000, to remain available until expended:
Provided, That such costs, including the costs of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $41,504,000.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $332,000,000, to remain available
until September 30, 2013, except that amounts allocated
pursuant to section 854(c)(3) of such Act shall remain
available until September 30, 2014: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3) of
such Act that meet all program requirements before awarding
funds for new contracts and activities authorized under this
section: Provided further, That the Department shall notify
grantees of their formula allocation within 60 days of
enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,308,090,000, to remain
available until September 30, 2014, unless otherwise specified:
Provided, That of the total amount provided, not less than
$2,948,090,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42
U.S.C. 5301 et seq.): Provided further, That unless explicitly
provided for under this heading, not to exceed 20 percent of
any grant made with funds appropriated under this heading shall
be expended for planning and management development and
administration: Provided further, That $60,000,000 shall be
for grants to Indian tribes notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision of
law (including section 204 of this Act), up to $3,960,000 may
be used for emergencies that constitute imminent threats to
health and safety: Provided further, That none of the funds
made available under this heading may be used for grants for
the Economic Development Initiative (``EDI'') or Neighborhood
Initiatives activities, Rural Innovation Fund, or for grants
pursuant to section 107 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5307): Provided further,
That the Department shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
community development loan guarantees program account
For the cost of guaranteed loans, $5,952,000, to remain
available until September 30, 2013, as authorized by section
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $240,000,000,
notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and
Community Development Act of 1974, as amended.
home investment partnerships program
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,000,000,000, to remain available
until September 30, 2014: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocation of such amount:
Provided further, That funds made available under this heading
used for projects not completed within 4 years of the
commitment date, as determined by a signature of each party to
the agreement shall be repaid: Provided further, That the
Secretary may extend the deadline for 1 year if the Secretary
determines that the failure to complete the project is beyond
the control of the participating jurisdiction: Provided
further, That no funds provided under this heading may be
committed to any project included as part of a participating
jurisdiction's plan under section 105(b), unless each
participating jurisdiction certifies that it has conducted an
underwriting review, assessed developer capacity and fiscal
soundness, and examined neighborhood market conditions to
ensure adequate need for each project: Provided further, That
any homeownership units funded under this heading which cannot
be sold to an eligible homeowner within 6 months of project
completion shall be rented to an eligible tenant: Provided
further, That no funds provided under this heading may be
awarded for development activities to a community housing
development organization that cannot demonstrate that it has
staff with demonstrated development experience: Provided
further, That funds provided in prior appropriations Acts for
technical assistance, that were made available for Community
Housing Development Organizations technical assistance, and
that still remain available, may be used for HOME technical
assistance notwithstanding the purposes for which such amounts
were appropriated: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of
enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$53,500,000, to remain available until September 30, 2014:
Provided, That of the total amount provided under this heading,
$13,500,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity Program as authorized under
section 11 of the Housing Opportunity Program Extension Act of
1996, as amended: Provided further, That $35,000,000 shall be
made available for the second, third and fourth capacity
building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 may be made available for rural capacity-
building activities: Provided further, That $5,000,000 shall
be made available for capacity-building activities for national
organizations with expertise in rural housing, including
experience working with rural housing organizations, local
governments, and Indian tribes.
homeless assistance grants
(including transfer of funds)
For the emergency solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care program as
authorized under subtitle C of title IV of such Act; and the
rural housing stability assistance program as authorized under
subtitle D of title IV of such Act, $1,901,190,000, of which
$1,896,190,000 shall remain available until September 30, 2014,
and of which $5,000,000 shall remain available until expended
for project-based rental assistance with rehabilitation
projects with 10-year grant terms and any rental assistance
amounts that are recaptured under such continuum of care
program shall remain available until expended: Provided, That
not less than $250,000,000 of the funds appropriated under this
heading shall be available for such emergency solutions grants
program: Provided further, That not less than $1,593,000,000
of the funds appropriated under this heading shall be available
for such continuum of care and rural housing stability
assistance programs: Provided further, That up to $7,000,000
of the funds appropriated under this heading shall be available
for the national homeless data analysis project: Provided
further, That all funds awarded for supportive services under
the continuum of care program and the rural housing stability
assistance program shall be matched by not less than 25 percent
in cash or in kind by each grantee: Provided further, That for
all match requirements applicable to funds made available under
this heading for this fiscal year and prior years, a grantee
may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies
unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That the
Secretary shall renew on an annual basis expiring contracts or
amendments to contracts funded under the continuum of care
program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the
Secretary: Provided further, That all awards of assistance
under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for
Needy Families, Food Stamps, and services funding through the
Mental Health and Substance Abuse Block Grant, Workforce
Investment Act, and the Welfare-to-Work grant program:
Provided further, That all balances for Shelter Plus Care
renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if
recaptured, for continuum of care renewals in fiscal year 2012:
Provided further, That the Department shall notify grantees of
their formula allocation from amounts allocated (which may
represent initial or final amounts allocated) for the emergency
solutions grant program within 60 days of enactment of this
Act.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $8,939,672,000, to remain available until
expended, shall be available on October 1, 2011 (in addition to
the $400,000,000 previously appropriated under this heading
that became available October 1, 2011), and $400,000,000, to
remain available until expended, shall be available on October
1, 2012: Provided, That the amounts made available under this
heading shall be available for expiring or terminating section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership
Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded
under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $289,000,000
shall be available for performance-based contract
administrators for section 8 project-based assistance:
Provided further, That the Secretary of Housing and Urban
Development may also use such amounts in the previous proviso
for performance-based contract administrators for the
administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372;
73 Stat. 667); and loans under section 202 of the Housing Act
of 1959 (Public Law 86-372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading may be used for
renewals of or amendments to section 8 project-based contracts
or for performance-based contract administrators,
notwithstanding the purposes for which such amounts were
appropriated.
housing for the elderly
For amendments to capital advance contracts for housing for
the elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the
elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year term,
and for senior preservation rental assistance contracts, as
authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for
supportive services associated with the housing, $374,627,000
to remain available until September 30, 2015: Provided, That
of the amount provided under this heading, up to $91,000,000
shall be for service coordinators and the continuation of
existing congregate service grants for residents of assisted
housing projects, and of which up to $25,000,000 shall be for
grants under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such section
to assisted living, service-enriched housing, or related use
for substantial and emergency repairs as determined by the
Secretary: Provided further, That amounts under this heading
shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with
section 202 capital advance projects: Provided further, That
the Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not
exceed 5 years in duration.
housing for persons with disabilities
For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by section
811 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013) and for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act and for project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 STAT. 667), including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive services
associated with the housing for persons with disabilities as
authorized by section 811(b)(1) of such Act, $165,000,000 to
remain available until September 30, 2015: Provided, That the
Secretary may waive the provisions of section 811 governing the
terms and conditions of project rental assistance, except that
the initial contract term for such assistance shall not exceed
5 years in duration: Provided further, That amounts made
available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 Capital Advance Projects: Provided
further, That the Secretary shall conduct a demonstration
program to make available funds provided under this heading for
project rental assistance to State housing finance agencies and
other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(b)(3)).
HOUSING COUNSELING ASSISTANCE
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended, $45,000,000, including up
to $2,500,000 for administrative contract services, to remain
available until September 30, 2012: Provided, That grants made
available from amounts provided under this heading shall be
awarded within 120 days of enactment of this Act: Provided
further, That funds shall be used for providing counseling and
advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management/
literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for
housing counselor training.
other assisted housing programs
rental housing assistance
For amendments to or extensions for up to 1 year of
contracts under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $1,300,000, to remain
available until expended.
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act
(12 U.S.C. 1715z-1) $231,600,000 are rescinded: Provided, That
no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $6,500,000, to remain
available until expended, of which $4,000,000 is to be derived
from the Manufactured Housing Fees Trust Fund: Provided, That
not to exceed the total amount appropriated under this heading
shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal year
2012 so as to result in a final fiscal year 2012 appropriation
from the general fund estimated at not more than $2,500,000 and
fees pursuant to such section 620 shall be modified as
necessary to ensure such a final fiscal year 2012
appropriation: Provided further, That for the dispute
resolution and installation programs, the Secretary of Housing
and Urban Development may assess and collect fees from any
program participant: Provided further, That such collections
shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees
collected under section 620, for necessary expenses of such
Act: Provided further, That notwithstanding the requirements
of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the
use of approved service providers that are paid directly by the
recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2013:
Provided, That during fiscal year 2012, obligations to make
direct loans to carry out the purposes of section 204(g) of the
National Housing Act, as amended, shall not exceed $50,000,000:
Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental
entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under
the Mutual Mortgage Insurance Fund. For administrative contract
expenses of the Federal Housing Administration, $207,000,000,
to remain available until September 30, 2013, of which up to
$71,500,000 may be transferred to and merged with the Working
Capital Fund: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1,
2012, an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000.
general and special risk program account
During fiscal year 2012, commitments to guarantee loans
incurred under the General and Special Risk Insurance Funds, as
authorized by sections 238 and 519 of the National Housing Act
(12 U.S.C. 1715z-3 and 1735c), shall not exceed $25,000,000,000
in total loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $20,000,000, which
shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned
by the Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as amended
(12 U.S.C. 1721(g)), shall not exceed $500,000,000,000, to
remain available until September 30, 2013: Provided, That
$19,500,000 shall be available for personnel compensation and
benefits, and other administrative expenses of the Government
National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments will and do exceed
$155,000,000,000 on or before April 1, 2012, an additional $100
for personnel compensation and benefits, and administrative
expenses shall be available until expended for each $1,000,000
in additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000:
Provided further, That receipts from Commitment and Multiclass
fees collected pursuant to title III of the National Housing
Act, as amended, shall be credited as offsetting collections to
this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban problems,
not otherwise provided for, as authorized by title V of the
Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 et
seq.), including carrying out the functions of the Secretary of
Housing and Urban Development under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $46,000,000, to remain
available until September 30, 2013: Provided, That with
respect to amounts made available under this heading,
notwithstanding section 204 of this title, the Secretary may
enter into cooperative agreements funded with philanthropic
entities, other Federal agencies, or State or local governments
and their agencies for research projects: Provided further,
That with respect to the previous proviso, such partners to the
cooperative agreements must contribute at least a 50 percent
match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with
the previous two provisos, the Secretary of Housing and Urban
Development shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public Law
109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) with respect to documentation of award decisions.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community Development
Act of 1987, as amended, $70,847,000, to remain available until
September 30, 2013, of which $42,500,000 shall be to carry out
activities pursuant to such section 561: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training:
Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant or loan: Provided further, That of
the funds made available under this heading, $300,000 shall be
available to the Secretary of Housing and Urban Development for
the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Healthy Homes and Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $120,000,000, to remain available until
September 30, 2013: Provided, That up to $10,000,000 of that
amount shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act
of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-related
diseases and hazards: Provided further, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act, a
grant under the Healthy Homes Initiative, Operation Lead
Elimination Action Plan (LEAP), or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to be
funds for a special project for purposes of section 305(c) of
the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made
available under this heading, $45,000,000 shall be made
available on a competitive basis for areas with the highest
lead paint abatement needs: Provided further, That each
recipient of funds provided under the third proviso shall make
a matching contribution in an amount not less than 25 percent:
Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, and
that still remain available, may be used for any purpose under
this heading notwithstanding the purpose for which such amounts
were appropriated if a program competition is undersubscribed
and there are other program competitions under this heading
that are oversubscribed.
Working Capital Fund
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide and program-specific
information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance
activities, $199,035,000, to remain available until September
30, 2013: Provided, That any amounts transferred to this Fund
under this Act shall remain available until expended: Provided
further, That any amounts transferred to this Fund from amounts
appropriated by previously enacted appropriations Acts may be
used for the purposes specified under this Fund, in addition to
any other information technology the purposes for which such
amounts were appropriated: Provided further, That not more
than 25 percent of the funds made available under this heading
for Development, Modernization and Enhancement, including
development and deployment of a Next Generation of Voucher
Management System and development and deployment of modernized
Federal Housing Administration systems may be obligated until
the Secretary submits to the Committees on Appropriations a
plan for expenditure that--(A) identifies for each
modernization project: (i) the functional and performance
capabilities to be delivered and the mission benefits to be
realized, (ii) the estimated life-cycle cost, and (iii) key
milestones to be met; (B) demonstrates that each modernization
project is: (i) compliant with the department's enterprise
architecture, (ii) being managed in accordance with applicable
life-cycle management policies and guidance, (iii) subject to
the department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed
project office; and (C) has been reviewed by the Government
Accountability Office.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act of
1978, as amended, $124,000,000: Provided, That the Inspector
General shall have independent authority over all personnel
issues within this office.
transformation initiative
For necessary expenses of research, evaluation, and program
metrics activities; program demonstrations; and technical
assistance and capacity building, $50,000,000 to remain
available until September 30, 2014: Provided, That with
respect to amounts made available under this heading for
research, evaluation and program metrics or program
demonstrations, the Secretary may make grants or enter into
cooperative agreements if such grants or agreements include a
substantial match contribution, notwithstanding section 204 of
this title.
General Provisions--Department of Housing and Urban Development
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured from
projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C.
1437 note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or
local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or
cash recaptured and not rescinded or remitted to the Treasury
to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2012 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent
jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2012 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant,
in the amount determined under subsection (b), for any State
that--
(1) received an allocation in a prior fiscal year
under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for
fiscal year 2012 under such clause (ii) because the
areas in the State outside of the metropolitan
statistical areas that qualify under clause (i) in
fiscal year 2011 do not have the number of cases of
acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State that
are outside of metropolitan statistical areas that qualify
under clause (i) of such section 854(c)(1)(A) in fiscal year
2012, in proportion to AIDS cases among cities and States that
qualify under clauses (i) and (ii) of such section and States
deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2012 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the city of
New York, New York, on behalf of the New York-Wayne-White
Plains, New York-New Jersey Metropolitan Division (hereafter
``metropolitan division'') of the New York-Newark-Edison, NY-
NJ-PA Metropolitan Statistical Area, shall be adjusted by the
Secretary of Housing and Urban Development by:
(1) allocating to the city of Jersey City, New
Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases
of AIDS reported in the portion of the metropolitan
area or division that is located in Hudson County, New
Jersey, and adjusting for the proportion of the
metropolitan division's high-incidence bonus if this
area in New Jersey also has a higher than average per
capita incidence of AIDS; and
(2) allocating to the city of Paterson, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS
reported in the portion of the metropolitan area or
division that is located in Bergen County and Passaic
County, New Jersey, and adjusting for the proportion of
the metropolitan division's high incidence bonus if
this area in New Jersey also has a higher than average
per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to
carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their
respective portions of the metropolitan division that
is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2012 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a
higher than average per capita incidence of AIDS, shall be
adjusted by the Secretary on the basis of area incidence
reported over a 3-year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of the
Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act,
as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation
for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2012 for
such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commitments only
to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for
in this or prior appropriations Acts), except that this proviso
shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage
purchases are necessary to protect the financial interest of
the United States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2012 under section 854(c)
of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to
the city of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the Secretary
of Housing and Urban Development by allocating to the State of
New Jersey the proportion of the metropolitan division's amount
that is based on the number of cases of AIDS reported in the
portion of the metropolitan division that is located in New
Jersey, and adjusting for the proportion of the metropolitan
division's high incidence bonus if this area in New Jersey also
has a higher than average per capita incidence of AIDS. The
State of New Jersey shall use amounts allocated to the State
under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C.
12904) in the portion of the metropolitan division that is
located in New Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2012 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the city
of Raleigh, North Carolina, on behalf of the Raleigh-Cary North
Carolina Metropolitan Statistical Area. Any amounts allocated
to Wake County shall be used to carry out eligible activities
under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing
and Urban Development may adjust the allocation of the amounts
that otherwise would be allocated for fiscal year 2012 under
section 854(c) of such Act, upon the written request of an
applicant, in conjunction with the State(s), for a formula
allocation on behalf of a metropolitan statistical area, to
designate the State or States in which the metropolitan
statistical area is located as the eligible grantee(s) of the
allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each
State shall be in proportion to the number of cases of AIDS
reported in the portion of the metropolitan statistical area
located in that State. Any amounts allocated to a State under
this section shall be used to carry out eligible activities
within the portion of the metropolitan statistical area located
in that State.
Sec. 210. The President's formal budget request for fiscal
year 2013, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical account
and sub-account structure provided under this Act.
Sec. 211. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the States
of Alaska, Iowa, and Mississippi shall not be required to
include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other
entity that administers Federal housing assistance under
section 8 for the Housing Authority of the county of Los
Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of public
housing or a recipient of section 8 assistance on the board of
directors or a similar governing board shall establish an
advisory board of not less than six residents of public housing
or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering
entity on issues related to public housing and section 8. Such
advisory board shall meet not less than quarterly.
Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for fiscal
years 2012 and 2013, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-
based assistance, debt and statutorily required low-income and
very low-income use restrictions, associated with one or more
multifamily housing project to another multifamily housing
project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to which
the assistance is transferred, to ensure that such project or
projects meet the standards under section (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring
project: the number of low-income and very low-
income units and the configuration (i.e.
bedroom size) provided by the transferring
project shall be no less than when transferred
to the receiving project or projects and the
net dollar amount of Federal assistance
provided by the transferring project shall
remain the same in the receiving project or
projects.
(B) For unoccupied units in the
transferring project: the Secretary may
authorize a reduction in the number of dwelling
units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to
meet current market demands, as determined by
the Secretary and provided there is no increase
in the project-based section 8 budget
authority.
(2) The transferring project shall, as determined
by the Secretary, be either physically obsolete or
economically nonviable.
(3) The receiving project or projects shall meet or
exceed applicable physical standards established by the
Secretary.
(4) The owner or mortgagor of the transferring
project shall notify and consult with the tenants
residing in the transferring project and provide a
certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who
remain eligible for assistance to be provided by the
receiving project or projects shall not be required to
vacate their units in the transferring project or
projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is
in the best interest of the tenants.
(7) If either the transferring project or the
receiving project or projects meets the condition
specified in subsection (d)(2)(A), any lien on the
receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the
Secretary may waive this requirement upon determination
that such a waiver is necessary to facilitate the
financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the
requirements of subsection (c)(2)(E), the owner or
mortgagor of the receiving project or projects shall
execute and record either a continuation of the
existing use agreement or a new use agreement for the
project where, in either case, any use restrictions in
such agreement are of no lesser duration than the
existing use restrictions.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-
income'' shall have the meanings provided by the
statute and/or regulations governing the program under
which the project is insured or assisted;
(2) the term ``multifamily housing project'' means
housing that meets one of the following conditions--
(A) housing that is subject to a mortgage
insured under the National Housing Act;
(B) housing that has project-based
assistance attached to the structure including
projects undergoing mark to market debt
restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section
202 of the Housing Act of 1959 as amended by
section 801 of the Cranston-Gonzales National
Affordable Housing Act;
(D) housing that is assisted under section
202 of the Housing Act of 1959, as such section
existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act; or
(E) housing or vacant land that is subject
to a use agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b)
of the United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to
assistance provided under section 8(b)(2) of
such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section
101 of the Housing and Urban Development Act of
1965;
(D) interest reduction payments under
section 236 and/or additional assistance
payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959; and
(F) assistance payments made under section
811(d)(2) of the Housing Act of 1959;
(4) the term ``receiving project or projects''
means the multifamily housing project or projects to
which some or all of the project-based assistance,
debt, and statutorily required use low-income and very
low-income restrictions are to be transferred;
(5) the term ``transferring project'' means the
multifamily housing project which is transferring some
or all of the project-based assistance, debt and the
statutorily required low-income and very low-income use
restrictions to the receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of
Housing and Urban Development.
Sec. 213. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 214. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any individual who--
(1) is enrolled as a student at an institution of
higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term
is defined in section 3(b)(3)(E) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was
not receiving assistance under such section 8 as of
November 30, 2005; and
(7) is not otherwise individually eligible, or has
parents who, individually or jointly, are not eligible,
to receive assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance
(in excess of amounts received for tuition and any other
required fees and charges) that an individual receives under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or an institution of higher education (as
defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except
for a person over the age of 23 with dependent children.
Sec. 216. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-g), the Secretary of Housing and Urban Development
may, until September 30, 2012, insure and enter into
commitments to insure mortgages under section 255(g) of the
National Housing Act (12 U.S.C. 1715z-20).
Sec. 217. Notwithstanding any other provision of law, in
fiscal year 2012, in managing and disposing of any multifamily
property that is owned or has a mortgage held by the Secretary
of Housing and Urban Development, and during the process of
foreclosure on any property with a contract for rental
assistance payments under section 8 of the United States
Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 and other programs
that are attached to any dwelling units in the property. To the
extent the Secretary determines, in consultation with the
tenants and the local government, that such a multifamily
property owned or held by the Secretary is not feasible for
continued rental assistance payments under such section 8 or
other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (``MAHRAA'') and (2)
environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect prior to foreclosure,
subject to the exercise of contractual abatement remedies to
assist relocation of tenants for imminent major threats to
health and safety after written notice to and informed consent
of the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 218. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole-
source contracts, including terms of the contracts, cost, and a
substantive rationale for using a sole-source contract.
Sec. 219. During fiscal year 2012, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living facilities
that is carried out in the counties of the State of Michigan
notwithstanding paragraphs (3) and (18)(B)(iii) of such section
8(o), a family residing in an assisted living facility in any
such county, on behalf of which a public housing agency
provides assistance pursuant to section 8(o)(18) of such Act,
may be required, at the time the family initially receives such
assistance, to pay rent in an amount exceeding 40 percent of
the monthly adjusted income of the family by such a percentage
or amount as the Secretary of Housing and Urban Development
determines to be appropriate.
Sec. 220. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset
nonprofit entity to own the project and may lend the grant
funds to such entity, which may be a private nonprofit
organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 221. The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make commitments
to guarantee, notes, or other obligations issued by any State
on behalf of non-entitlement communities in the State in
accordance with the requirements of section 108 of the Housing
and Community Development Act of 1974: Provided, That any
State receiving such a guarantee or commitment shall distribute
all funds subject to such guarantee to the units of general
local government in non-entitlement areas that received the
commitment.
Sec. 222. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal
year'' and all that follows through the period at the
end and inserting ``fiscal year 2012.''; and
(2) in subsection (o), by striking ``September''
and all that follows through the period at the end and
inserting ``September 30, 2012.''.
Sec. 223. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula
shall not be exempt from asset management requirements.
Sec. 224. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937
(42 U.S.C. 1437g(d) and (e)), the Secretary shall not impose
any requirement or guideline relating to asset management that
restricts or limits in any way the use of capital funds for
central office costs pursuant to section 9(g)(1) or 9(g)(2) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1),
(2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that
are eligible under section 9(e) for assistance with amounts
from the operating fund in excess of the amounts permitted
under section 9(g)(1) or 9(g)(2).
Sec. 225. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that, not later than
90 days after the date of enactment of this Act, a trained
allotment holder shall be designated for each HUD subaccount
under the heading ``Administration, Operations, and
Management'' as well as each account receiving appropriations
for ``Program Office Salaries and Expenses'' within the
Department of Housing and Urban Development.
Sec. 226. The Secretary of Housing and Urban Development
shall report quarterly to the House and Senate Committees on
Appropriations on the status of all section 8 project-based
housing, including the number of all project-based units by
region as well as an analysis of all federally subsidized
housing being refinanced under the Mark-to-Market program. The
Secretary shall in the report identify all existing units
maintained by region as section 8 project-based units and all
project-based units that have opted out of section 8 or have
otherwise been eliminated as section 8 project-based units. The
Secretary shall identify in detail and by project all the
efforts made by the Department to preserve all section 8
project-based housing units and all the reasons for any units
which opted out or otherwise were lost as section 8 project-
based units. Such analysis shall include a review of the impact
of the loss of any subsidized units in that housing
marketplace, such as the impact of cost and the loss of
available subsidized, low-income housing in areas with scarce
housing resources for low-income families.
Sec. 227. Payment of attorney fees in program-related
litigation must be paid from individual program office
personnel benefits and compensation funding. The annual budget
submission for program office personnel benefit and
compensation funding must include program-related litigation
costs for attorney fees as a separate line item request.
Sec. 228. The Secretary of the Department of Housing and
Urban Development shall for fiscal year 2012 and subsequent
fiscal years, notify the public through the Federal Register
and other means, as determined appropriate, of the issuance of
a notice of the availability of assistance or notice of funding
availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively
awarded. Notwithstanding any other provision of law, for fiscal
year 2012 and subsequent fiscal years, the Secretary may make
the NOFA available only on the Internet at the appropriate
Government Web site or through other electronic media, as
determined by the Secretary.
Sec. 229. The Secretary of the Department of Housing and
Urban Development is authorized to transfer up to 5 percent or
$5,000,000, whichever is less, of the funds appropriated for
any office funded under the heading ``Administration,
Operations, and Management'' to any other office funded under
such heading: Provided, That no appropriation for any office
funded under the heading ``Administration, Operations, and
Management'' shall be increased or decreased by more than 5
percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary is authorized to transfer
up to 5 percent or $5,000,000, whichever is less, of the funds
appropriated for any account funded under the general heading
``Program Office Salaries and Expenses'' to any other account
funded under such heading: Provided further, That no
appropriation for any account funded under the general heading
``Program Office Salaries and Expenses'' shall be increased or
decreased by more than 5 percent or $5,000,000, whichever is
less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the
Secretary may transfer funds made available for salaries and
expenses between any office funded under the heading
``Administration, Operations and Management'' and any account
funded under the general heading ``Program Office Salaries and
Expenses'', but only with the prior written approval of the
House and Senate Committees on Appropriations.
Sec. 230. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the Department
of Housing and Urban Development'' under section 904 of the
McKinney Act for the purpose of income verifications and
matching.
Sec. 231. The Comptroller General of the United States
shall carry out a study of the effectiveness of the block grant
programs administered by the Office of Community Planning and
Development of the Department of Housing and Urban Development,
including an examination of best practices utilized by program
grantees and performance metrics utilized by the Department.
Not later than 180 days of enactment of this Act, the
Comptroller General shall submit a report to the Congress
describing its findings, including such best practices and
performance metrics.
Sec. 232. The Secretary shall take actions necessary to
improve data quality, data management, and grantee oversight
and accountability with respect to programs and activities
administered by the Office of Community Planning and
Development. The Secretary shall address the problems
identified by the Inspector General of the Department in audits
and audit reports since 2006, including ongoing audits, with
respect to such programs and activities. Not later than 120
days after enactment of this Act, the Secretary shall submit a
report to the Congress on progress achieved by the Department
with respect to addressing such problems and identifying
further improvements that can be made (including improvements
relating to information technology) and proposed actions and
timelines to carry out such improvements.
Sec. 233. Of the amounts made available for salaries and
expenses under all accounts under this title (except for the
Office of Inspector General account), a total of up to
$10,000,000 may be transferred to and merged with amounts made
available in the ``Working Capital Fund'' account under this
title.
Sec. 234. (a) None of the funds made available by this Act
for purposes authorized under section 8 (only with respect to
the tenant-based rental assistance program) and section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.)
may be used by any public housing agency for any amount of
salary, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of
basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal
year 2012.
(b) Subsection (a) shall take effect 120 days after the
date of enactment of this Act.
Sec. 235. Title II of division I of Public Law 108-447 and
title III of Public Law 109-115 are each amended by striking
the item related to ``Flexible Subsidy Fund''.
Sec. 236. Of the unobligated balances remaining from funds
appropriated under the heading ``Tenant-Based Rental
Assistance'' under the ``Full-Year Continuing Appropriations
Act, 2011'', $650,000,000 are rescinded from the $4,000,000,000
which are available on October 1, 2011: Provided, That such
amounts may be derived from reductions to public housing
agencies' calendar year 2012 allocations based on the excess
amounts of public housing agencies' net restricted assets
accounts, including the net restricted assets of MTW agencies
(in accordance with VMS data in calendar year 2011 that is
verifiable and complete), as determined by the Secretary.
Sec. 237. Section 579 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f) is
amended by striking ``October 1, 2011'' each place it appears
and inserting in lieu thereof ``October 1, 2015''.
Sec. 238. Notwithstanding any other provision of law, for
mortgages for which a Federal Housing Administration case
number has been assigned during the period beginning on the
date of enactment of this Act and ending on December 31, 2013,
the dollar amount limitation on the principal obligation for
purposes of section 203 of the National Housing Act (12 U.S.C.
1709) shall be considered to be, except for purposes of section
255(g) of such Act (12 U.S.C. 1715z-20(g)), the greater of--
(1) the dollar amount limitation on the principal
obligation of a mortgage determined under section
203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)); or
(2) the dollar amount limitation that was
prescribed for such size residence for such area for
2008 pursuant to section 202 of the Economic Stimulus
Act of 2008 (Public Law 110-185; 122 Stat. 620).
Sec. 239. Of the funds made available for the `Department
of Housing and Urban Development, Community Planning and
Development, Community Development Fund', up to $300,000,000,
to remain available until expended, shall be for necessary
expenses for activities authorized under title I of the Housing
and Community Development Act of 1974 (Public Law 93-383)
related to disaster relief, long-term recovery, restoration of
infrastructure and housing, and economic revitalization in the
most impacted and distressed areas resulting from a major
disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in
2011: Provided, That funds shall be awarded directly to the
State or unit of general local government at the discretion of
the Secretary: Provided further, That prior to the obligation
of funds a grantee shall submit a plan to the Secretary
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-
term recovery and restoration of infrastructure: Provided
further, That such funds may not be used for activities
reimbursable by, or for which funds are made available by, the
Federal Emergency Management Agency or the Army Corps of
Engineers: Provided further, That funds allocated under this
heading shall not be considered relevant to the non-disaster
formula allocations under the Community Development Fund:
Provided further, That a State or subdivision thereof may use
up to 5 percent of its allocation for administrative costs:
Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds or guarantees (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a request by a State or
subdivision thereof explaining why such waiver is required to
facilitate the use of such funds or guarantees, if the
Secretary finds that such waiver would not be inconsistent with
the overall purpose of title I of the Housing and Community
Development Act of 1974: Provided further, That the Secretary
shall publish in the Federal Register any waiver of any statute
or regulation that the Secretary administers pursuant to title
I of the Housing and Community Development Act of 1974 no later
than 5 days before the effective date of such waiver: Provided
further, That an additional $100,000,000 shall be available for
the same purposes and terms described in this section and shall
be designated by Congress as being for disaster relief pursuant
to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2012''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$7,400,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefore, as authorized by 5 U.S.C. 5901-5902, $24,100,000:
Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.
National Railroad Passenger Corporation Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $20,500,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C.
App. 3), to investigate allegations of fraud, including false
statements to the government (18 U.S.C. 1001), by any person or
entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may enter into contracts and other arrangements for
audits, studies, analyses, and other services with public
agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided
further, That the Inspector General may select, appoint, and
employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and
regulations that govern such selections, appointments, and
employment within Amtrak: Provided further, That concurrent
with the President's budget request for fiscal year 2013, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2013 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for a GS-15; uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902), $102,400,000, of which
not to exceed $2,000 may be used for official reception and
representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include
amounts necessary to make lease payments on an obligation
incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized
by the Neighborhood Reinvestment Corporation Act (42 U.S.C.
8101-8107), $135,300,000, of which $5,000,000 shall be for a
multi-family rental housing program: Provided, That in
addition, $80,000,000 shall be made available until expended to
the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms
and conditions:
(1) The Neighborhood Reinvestment Corporation
(``NRC'') shall make grants to counseling
intermediaries approved by the Department of Housing
and Urban Development (HUD) (with match to be
determined by the NRC based on affordability and the
economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned
conditions) to provide mortgage foreclosure mitigation
assistance primarily to States and areas with high
rates of defaults and foreclosures to help eliminate
the default and foreclosure of mortgages of owner-
occupied single-family homes that are at risk of such
foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided
to approved counseling intermediaries based on a
geographic analysis of the Nation by the NRC which
determines where there is a prevalence of mortgages
that are risky and likely to fail, including any trends
for mortgages that are likely to default and face
foreclosure. A State Housing Finance Agency may also be
eligible where the State Housing Finance Agency meets
all the requirements under this paragraph. A HUD-
approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be
approved by HUD or the NRC as meeting these
requirements.
(2) Mortgage foreclosure mitigation assistance
shall only be made available to homeowners of owner-
occupied homes with mortgages in default or in danger
of default. These mortgages shall likely be subject to
a foreclosure action and homeowners will be provided
such assistance that shall consist of activities that
are likely to prevent foreclosures and result in the
long-term affordability of the mortgage retained
pursuant to such activity or another positive outcome
for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or
homeowners to discharge outstanding mortgage balances
or for any other direct debt reduction payments.
(3) The use of Mortgage Foreclosure Mitigation
Assistance by approved counseling intermediaries and
State Housing Finance Agencies shall involve a
reasonable analysis of the borrower's financial
situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling
regarding the assumption of the mortgage by another
non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out
strategy by all interested parties.
(4) NRC may provide up to 15 percent of the total
funds under this paragraph to its own charter members
with expertise in foreclosure prevention counseling,
subject to a certification by the NRC that the
procedures for selection do not consist of any
procedures or activities that could be construed as an
unacceptable conflict of interest or have the
appearance of impropriety.
(5) HUD-approved counseling entities and State
Housing Finance Agencies receiving funds under this
paragraph shall have demonstrated experience in
successfully working with financial institutions as
well as borrowers facing default, delinquency and
foreclosure as well as documented counseling capacity,
outreach capacity, past successful performance and
positive outcomes with documented counseling plans
(including post mortgage foreclosure mitigation
counseling), loan workout agreements and loan
modification agreements. NRC may use other criteria to
demonstrate capacity in underserved areas.
(6) Of the total amount made available under this
paragraph, up to $3,000,000 may be made available to
build the mortgage foreclosure and default mitigation
counseling capacity of counseling intermediaries
through NRC training courses with HUD-approved
counseling intermediaries and their partners, except
that private financial institutions that participate in
NRC training shall pay market rates for such training.
(7) Of the total amount made available under this
paragraph, up to 5 percent may be used for associated
administrative expenses for the NRC to carry out
activities provided under this section.
(8) Mortgage foreclosure mitigation assistance
grants may include a budget for outreach and
advertising, and training, as determined by the NRC.
(9) The NRC shall continue to report bi-annually to
the House and Senate Committees on Appropriations as
well as the Senate Banking Committee and House
Financial Services Committee on its efforts to mitigate
mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States Code)
of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended, $3,300,000.
Section 209 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11319) is amended by striking all that follows ``on''
and inserting ``October 1, 2015''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year
2012 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or previous
appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2012, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by the Congress;
(4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose;
(5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent,
whichever is less;
(6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is
less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on
Appropriations or the table accompanying the
explanatory statement accompanying this Act, whichever
is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date
of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for
application of reprogramming and transfer authorities
for the current fiscal year: Provided further, That
the report shall include:
(A) a table for each appropriation with a
separate column to display the President's
budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation both by object class and program,
project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special
congressional interest: Provided further, That
the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by
$100,000 per day for each day after the
required date that the report has not been
submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2012 from appropriations
made available for salaries and expenses for fiscal year 2012
in this Act, shall remain available through September 30, 2013,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the House and Senate
Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines under section 405 of this Act.
Sec. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole-source
contracts by no later than July 30, 2012. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole-source contract.
Sec. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 409. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities: Provided
further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects as well as utility
projects which benefit or serve the general public (including
energy-related, communication-related, water-related and
wastewater-related infrastructure), other structures designated
for use by the general public or which have other common-
carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the
government, and projects for the removal of an immediate threat
to public health and safety or brownsfield as defined in the
Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for
purposes of eminent domain.
Sec. 410. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 411. No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling
a position, other than a temporary position, formerly held by
an employee who has left to enter the Armed Forces of the
United States and has satisfactorily completed his period of
active military or naval service, and has within 90 days after
his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as
still qualified to perform the duties of his former position
and has not been restored thereto.
Sec. 412. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made
available under this Act shall be made available to any person
or entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention
of sections 301-10.122 and 301-10.123 of title 41, Code of
Federal Regulations.
Sec. 415. None of the funds made available under this Act
or any prior Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 416. All agencies and departments funded by this Act
shall send to Congress at the end of the fiscal year a report
containing a complete inventory of the total number of vehicles
owned, permanently retired, and purchased during fiscal year
2012 as well as the total cost of the vehicle fleet, including
maintenance, fuel, storage, purchasing, and leasing.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2012''.
DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012
Sec. 101. The Continuing Appropriations Act, 2012 (Public
Law 112-36) is amended by striking the date specified in
section 106(3) and inserting ``December 16, 2011''.
And the Senate agree to the same.
That the House recede from its disagreement to the
amendment of the Senate to the title of the bill and agree to
the same.
Harold Rogers,
C.W. Bill Young,
Jerry Lewis,
Frank R. Wolf,
Jack Kingston,
Tom Latham,
Robert B. Aderholt,
Jo Ann Emerson,
John Abney Culberson,
John R. Carter,
Jo Bonner,
Steven C. LaTourette,
Norman D. Dicks,
Rosa L. DeLauro,
John W. Olver,
Ed Pastor,
David E. Price,
Sam Farr,
Chaka Fattah,
Adam B. Schiff,
Managers on the Part of the House.
Herb Kohl,
Tom Harkin,
Dianne Feinstein,
Tim Johnson,
Ben Nelson,
Mark L. Pryor,
Sherrod Brown,
Daniel K. Inouye,
Patty Murray,
Barbara A. Mikulski,
Roy Blunt,
Thad Cochran,
Mitch McConnell,
Susan M. Collins,
Jerry Moran,
John Hoeven,
Kay Bailey Hutchison,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendments of the Senate to the bill (H.R. 2112) making
appropriations for Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies programs for the
fiscal year ending September 30, 2012, and for other purposes,
submit the following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
This conference agreement includes the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2012; the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2012; and the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2012. The agreement also includes
further continuing appropriations for fiscal year 2012.
The conference agreement does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined by clause 9 of rule XXI of the Rules of the
House of Representatives.
The conferees concur with the Senate amendment to the
title of the bill.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
CONGRESSIONAL DIRECTIVES
The statement of the managers remains silent on
provisions that were in both the House Report (H.Rpt. 112-101)
and Senate Report (S.Rpt. 112-73) that remain unchanged by this
conference agreement, except as noted in this statement of the
managers.
The conferees agree that executive branch wishes cannot
substitute for Congress' own statements as to the best evidence
of congressional intentions, which are the official reports of
the Congress. The conferees further point out that funds in
this Act must be used for the purposes for which appropriated,
as required by section 1301 of title 31 of the United States
Code, which provides: ``Appropriations shall be applied only to
the objects for which the appropriations were made except as
otherwise provided by law.''
The House and Senate report language that is not changed
by the conference is approved by the committee of conference.
The statement of the managers, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein.
In cases in which the House or the Senate have directed
the submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations.
TITLE I--AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
The conference agreement provides $4,550,000 for the
Office of the Secretary instead of $4,293,000 as proposed by
the House and $4,798,000 as proposed by the Senate.
The conferees appreciate the detailed information
provided in the Explanatory Notes and rely on this information
when considering budget proposals. As budgetary constraints
continue to apply downward pressure on agency resources, it
will become increasingly necessary to have budgetary
information of the Department in a manner that provides a more
complete understanding of all activities occurring within the
account totals. For that reason, the conferees direct the
Secretary, beginning with presentation of the fiscal year 2013
budget, to provide additional information of Departmental
activities measured against a baseline of actual spending for
the previous three fiscal years rather than a description only
of specific changes from the previous fiscal year with the
ultimate goal, over time, of providing to the Committees on
Appropriations budgetary estimates as measured against a zero
base. The conferees further direct the Department to include an
errata sheet in the Explanatory Notes of any proposed budget
authority levels that do not conform to the budget appendix.
The Explanatory Notes should be assembled with the accounts in
the same order as the accounts in the bill unless otherwise
approved in advance by the Committees on Appropriations of both
Houses of Congress.
The Secretary is directed to provide to the Committees on
Appropriations of the House and Senate a report describing
plans to implement reductions to salaries and expenses accounts
included in this Act.
The conferees direct the Secretary to submit the
conference transparency report required by section 14208 of
Public Law 110-246 to the Committees on Appropriations of the
House and Senate and the Office of Inspector General. In
addition, the conferees direct the Secretary to begin
submitting this report, and making it publicly available, on a
quarterly basis instead of annually. The report shall include
the cost of any food or beverages, the cost of any audio-visual
services, and a description of the contracting procedures on
whether the contracts were awarded on a competitive basis for
that conference.
Office of Tribal Relations
The conference agreement provides $448,000 for the Office
of Tribal Relations instead of $423,000 as proposed by the
House and $473,000 as proposed by the Senate.
Healthy Food Financing Initiative
The conference agreement does not include an
appropriation for the Healthy Food Financing Initiative (HFFI).
The conferees direct the Department to carefully weigh the
benefits between those known results from the expenditure of
funds on proven programs in the Rural Development and Marketing
and Regulatory Programs mission areas against the unknown
results of expenditures on the HFFI. While the HFFI has the
laudable goal of ensuring that more people have access to
nutritious foods, the initiative has yet to prove that any
expenditures made for this initiative have been effective in
meeting this goal. The conferees remind the Department that any
funding for the HFFI is subject to the reprogramming
requirements in this Act, and prior to any reprogramming
request; the conferees direct the Department to submit to the
Committees on Appropriations of both Houses of Congress a
system of metrics to measure the effectiveness and expected
results for this initiative. The conferees expect that the
Office of Chief Economist will play a key role in the
development of such metrics.
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The conference agreement provides $11,177,000 for the
Office of the Chief Economist instead of $10,707,000 as
proposed by the House and $11,408,000 as proposed by the
Senate.
NATIONAL APPEALS DIVISION
The conference agreement provides $12,841,000 for the
National Appeals Division instead of $12,091,000 as proposed by
the House and $13,514,000 as proposed by the Senate.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The conference agreement provides $8,946,000 for the
Office of Budget and Program Analysis as proposed by the Senate
instead of $8,004,000 as proposed by the House.
OFFICE OF HOMELAND SECURITY AND EMERGENCY COORDINATION
The conference agreement provides $1,321,000 for the
Office of Homeland Security and Emergency Coordination instead
of $1,272,000 as proposed by the House and $1,421,000 as
proposed by the Senate.
OFFICE OF ADVOCACY AND OUTREACH
The conference agreement provides $1,209,000 for the
Office of Advocacy and Outreach as proposed by the House
instead of $1,351,000 as proposed by the Senate.
OFFICE OF THE CHIEF INFORMATION OFFICER
The conference agreement provides $44,031,000 for the
Office of the Chief Information Officer instead of $34,000,000
as proposed by the House and $36,031,000 as proposed by the
Senate.
The conference agreement includes $28,000,000 to support
cybersecurity requirements of the Department.
OFFICE OF THE CHIEF FINANCIAL OFFICER
The conference agreement provides $5,650,000 for the
Office of the Chief Financial Officer instead of $5,310,000 as
proposed by the House and $5,935,000 as proposed by the Senate.
Office of the Assistant Secretary for Civil Rights
The conference agreement provides $848,000 for the Office
of the Assistant Secretary for Civil Rights as proposed by the
Senate instead of $760,000 as proposed by the House.
Office of Civil Rights
The conference agreement provides $21,000,000 for the
Office of Civil Rights instead of $19,288,000 as proposed by
the House and $21,558,000 as proposed by the Senate.
Office of the Assistant Secretary for Administration
The conference agreement provides $764,000 for the Office
of the Assistant Secretary for Administration as proposed by
the Senate instead of $683,000 as proposed by the House.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $230,416,000 for
Agriculture Buildings and Facilities and Rental Payments as
proposed by the Senate instead of $221,585,000 as proposed by
the House. The conference agreement includes $164,470,000 for
rental payments, $13,800,000 for Department of Homeland
Security building security and $52,146,000 for building
operations and maintenance.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $3,592,000 for
Hazardous Materials Management instead of $3,393,000 as
proposed by the House and $3,792,000 as proposed by the Senate.
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $24,165,000 for
Departmental Administration instead of $16,510,000 as proposed
by the House and $28,165,000 as proposed by the Senate.
The conferees recognize the special management challenges
facing the Department in view of serious constraints in fiscal
resources, the requirements of a vastly dispersed workforce,
and expectations of the public for continuity of vital
services. It is clear that recent reductions in discretionary
spending and the likely continuation of austere measures in the
near term present significant difficulties to those charged
with program execution. The conferees fully recognize the need,
and expect the Department to achieve the most efficient methods
possible to maintain the responsibilities of governance for the
benefit of both the customers of USDA and the personnel charged
with carrying out the missions of the Department.
The conferees expect that any substantive changes to the
functions and organization of USDA follow a thoughtful analysis
of implications for budgetary resources, services to customers
and employees, and inherent dynamics within the Department that
might result. Toward that objective, before moving forward with
the implementation of any substantive reorganization, the
Department is instructed to conduct a detailed analysis of the
savings, efficiencies, timeline, and implications of these
changes. In addition, an understanding of the methodology used
for determining these factors and some form of demonstration of
the results anticipated is required. Any timetable for
implementation of the changes suggested obviously will be
driven by the fiscal resources available and it may be prudent
to give consideration to a tiered implementation as conditions
dictate rather than a full scale departmental shift that would
be far more complex and potentially expensive. The Secretary is
instructed to provide a report, consistent with the guidance
outlined above, to the Committees on Appropriations of both
Houses of Congress not less than 60 days prior to the
implementation of any departmental reorganization. The
Secretary is further reminded of the reprogramming instructions
set forth elsewhere in this Act for the purpose of any
implementation stage of a proposed reorganization.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $3,576,000 for the
Office of the Assistant Secretary for Congressional Relations
instead of $3,289,000 as proposed by the House and $3,676,000
as proposed by the Senate.
Office of Communications
The conference agreement provides $8,065,000 for the
Office of Communications instead of $8,058,000 as proposed by
the House and $8,105,000 as proposed by the Senate.
Office of Inspector General
The conference agreement provides $85,621,000 for the
Office of Inspector General instead of $80,000,000 as proposed
by the House and $84,121,000 as proposed by the Senate.
Office of the General Counsel
The conference agreement provides $39,345,000 for the
Office of the General Counsel as proposed by the Senate instead
of $35,204,000 as proposed by the House.
Office of the Under Secretary for Research, Education and Economics
The conference agreement provides $848,000 for the Office
of the Under Secretary for Research, Education and Economics as
proposed by the Senate instead of $760,000 as proposed by the
House.
The conferees recognize the broad responsibilities in
agricultural research, education, extension and economics that
Congress has given to the Department. Given the current budget
constraints and the need for continued investment in
agricultural research to ensure productivity growth, the
conferees expect USDA to fund only the highest priority
agricultural research, as authorized by Congress.
Economic Research Service
The conference agreement provides $77,723,000 for the
Economic Research Service as proposed by the Senate instead of
$70,000,000 as proposed by the House. This includes continued
funding for the Organic Production and Market Data Initiative.
National Agricultural Statistics Service
The conference agreement provides $158,616,000 for the
National Agricultural Statistics Service instead of
$149,500,000 as proposed by the House and $152,616,000 as
proposed by the Senate. This includes $41,639,000 for the
Census of Agriculture.
On October 4, 2011, the National Agricultural Statistics
Service announced it was eliminating or reducing the frequency
of 14 reports. While it is imperative for all of USDA's
agencies and offices to prepare to address potential reductions
in funding, the conferees are concerned that the agency made
this announcement before a final appropriation was determined.
The conferees direct NASS to reconsider its decision to
eliminate or reduce the frequency of these reports and to
reinstate as many reports as possible. As the agency considers
which to reinstate, the conferees direct the agency to
prioritize the reports that do not have similar information
captured by other NASS surveys and reports or would be
otherwise infrequently published. The conferees remind the
agency that reducing or eliminating any survey or report is
further subject to the reprogramming requirements in this Act.
Agricultural Research Service
SALARIES AND EXPENSES
The conference agreement provides $1,094,647,000 for the
Agricultural Research Service, Salaries and Expenses, as
proposed by the Senate instead of $995,345,000 as proposed by
the House.
The conferees do not concur with the President's budget
request regarding the termination of extramural research.
The conferees concur with the proposal to close twelve
research laboratories at ten locations, as specified in the
President's budget request, and direct the agency to provide a
report to the Committees on Appropriations of the House and the
Senate on the disposition of these facilities by January 20,
2012. The conferees further direct, in concurrence with the
budget proposal, that no other research facilities be closed
during fiscal year 2012, except in accordance with the
reprogramming requirements in this Act.
The conferees are concerned about recent outbreaks of
bacterial spot disease in peppers and tomatoes in Midwestern
states. The conferees encourage ARS to continue to work with
collaborators on research to combat the disease and minimize
economic loss to producers. ARS is directed to provide the
Committees on Appropriations of the House and the Senate a
report on the status of bacterial spot disease and ongoing
research efforts.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The conference agreement provides $705,599,000 for the
National Institute of Food and Agriculture's research and
education activities instead of $596,400,000 as proposed by the
House and $709,825,000 as proposed by the Senate.
The conferees express their strong support for USDA's
agricultural research, extension and education activities. USDA
and other notable philanthropic and scientific organizations
have highlighted the need for the United States to invest in
agricultural research to ensure productivity growth and to
develop and refine sound natural resources management practices
for U.S. farmers and ranchers and others around the world.
However, the conferees are aware of concerns about the focus of
USDA's research programs, particularly projects funded through
the Agriculture and Food Research Initiative. The conferees
strongly encourage USDA to fund only the highest priority
agricultural research, as authorized by Congress.
The conference agreement provides $9,000,000 for Graduate
Fellowship Grants, Institution Challenge Grants, and the
Multicultural Scholars Program, to remain available until
expended.
The conferees request that the Department make
recommendations regarding the consolidation of funding lines in
the National Institute of Food and Agriculture's accounts in
the President's budget for fiscal year 2013 and to work with
interested individuals and organizations, including the House
Committee on Agriculture and the Senate Committee on
Agriculture, Nutrition, and Forestry, on this issue.
The following table reflects the amounts provided by the
conference agreement:
National Institute of Food and Agriculture Research and Education
Activities
[Dollars in Thousands]
Hatch Act..................................................... $236,334
McIntire-Stennis Cooperative Forestry......................... 32,934
Evans-Allen Program........................................... 50,898
Animal Health and Disease Research............................ 4,000
Special Research Grants:
Global Change/UV Monitoring............................... 1,300
Potato Research........................................... 1,350
Forest Products Research.................................. 1,350
--------------------------------------------------------------
____________________________________________________
Total, Special Research Grants........................ 4,000
Improved Pest Control:
Expert IPM Decision Support System........................ 153
Integrated Pest Management................................ 2,362
Minor Crop Pest Management (IR-4)......................... 11,913
Pest Management Alternatives.............................. 1,402
--------------------------------------------------------------
____________________________________________________
Total, Improved Pest Control.......................... 15,830
Agriculture and Food Research Initiative...................... 264,470
Critical Agricultural Materials Act........................... 1,081
Aquaculture Centers........................................... 3,920
Sustainable Agriculture Research and Education................ 14,471
Payments to the 1994 Institutions............................. 3,335
Supplemental and Alternative Crops............................ 825
Joe Skeen Institute for Rangeland Research.................... 961
Competitive Grants for Policy Research........................ 4,000
Capacity Building for Non Land-Grant Colleges................. 4,500
Farm Business Management and Benchmarking Program............. 1,450
Sun Grant Program............................................. 2,200
Capacity Building for 1890 Institutions....................... 19,336
Multicultural Scholars, Graduate Fellowship and Institution
Challenge Grants.......................................... 9,000
Hispanic-Serving Institutions Education Grants................ 9,219
1994 Institutions Research Program............................ 1,801
Secondary and 2-year Post-Secondary Program................... 900
Veterinary Medicine Loan Repayment Program.................... 4,790
Alaska Native and Native Hawaiian-Serving Institutions........ 3,194
Resident Instruction Grants for Insular Areas................. 900
Distance Education Grants for Insular Areas................... 750
Federal Administration:
Data Information System (REEIS)........................... 2,600
Electronic Grants Administration System................... 2,000
Other, Federal Administration............................. 5,900
--------------------------------------------------------------
____________________________________________________
Total, Federal Administration......................... 10,500
Total, Research and Education Activities.......... $705,599
==============================================================
____________________________________________________
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The conference agreement provides $11,880,000 for the
Native American Institutions Endowment Fund as proposed by the
House and the Senate.
EXTENSION ACTIVITIES
The conference agreement provides $475,183,000 for
extension activities instead of $411,200,000 as proposed by the
House and $478,179,000 as proposed by the Senate.
The conference agreement provides $4,610,000 for Farm
Safety and Youth Farm Safety Education and Certification
Programs.
The following table reflects the amounts provided by the
conference agreement:
National Institute of Food and Agriculture Extension Activities
[Dollars in Thousands]
Smith-Lever, Section 3(b) and (c) Programs.................... $294,000
Smith-Lever, Section 3(d) Programs:
Food and Nutrition Education.............................. 67,934
Farm Safety and Youth Farm Safety Education Program....... 4,610
New Technologies for Agricultural Extension............... 1,550
Pest Management........................................... 9,918
Children, Youth and Families at Risk...................... 7,600
Federally Recognized Tribal Extension Program............. 3,039
Sustainable Agriculture Programs.......................... 4,696
--------------------------------------------------------------
____________________________________________________
Total, Section 3(d)................................... 99,347
Cooperative Extension at 1890 Institutions.................... 42,592
Rural Health and Safety Education............................. 1,500
Facility Improvements at 1890 Institutions.................... 19,730
Renewable Resources Extension Act............................. 3,700
Extension Services at 1994 Institutions....................... 4,312
Food Animal Residue Avoidance Database........................ 1,000
Women and Minorities in STEM Fields........................... 400
Grants to Youth Organizations................................. 750
Federal Administration:
Ag in the Classroom....................................... 552
General Administration.................................... 7,300
--------------------------------------------------------------
____________________________________________________
Total, Federal Administration......................... 7,852
Total, Extension Activities....................... $475,183
==============================================================
____________________________________________________
INTEGRATED ACTIVITIES
The conference agreement provides $21,482,000 for
integrated activities instead of $12,400,000 as proposed by the
House and $25,948,000 as proposed by the Senate.
The following table reflects the amounts provided by the
conference agreement:
National Institute of Food and Agriculture Integrated Activities
[Dollars in Thousands]
Organic Transition Program.................................... $4,000
Regional Pest Management Centers.............................. 4,000
Water Quality Program......................................... 4,500
Methyl Bromide Transition Program............................. 1,996
Regional Rural Development Centers............................ 998
Food and Agriculture Defense Initiative....................... 5,988
--------------------------------------------------------------
____________________________________________________
Total, Integrated Activities...................... $21,482
HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES ENDOWMENT FUND
The conference agreement does not provide an
appropriation for the Hispanic-Serving Agricultural Colleges
and Universities Endowment Fund instead of $10,000,000 as
proposed by the Senate.
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND REGULATORY PROGRAMS
The conference agreement provides $848,000 for the Office
of the Under Secretary for Marketing and Regulatory Programs as
proposed by the Senate instead of $760,000 as proposed by the
House.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
INCLUDING TRANSFERS OF FUNDS
The conference agreement provides $816,534,000 for the
Animal and Plant Health Inspection Service (APHIS) instead of
$790,000,000 as proposed by the House and $820,110,000 as
proposed by the Senate.
The conference agreement provides funding for the animal
disease traceability system within the Animal Health Technical
Services line item. The conferees remain concerned about the
cost of implementing and operating this redesigned program as
explained in the animal disease traceability proposed rule
(APHIS-2009-0091) and encourage the most cost-effective, least
regulatory burdensome system in the final rule. The conferees
direct APHIS to submit a report and updates on the status of
the system as proposed in the September 28, 2010, Comprehensive
Report & Implementation Plan (amended January 28, 2011) by
November 30, 2011; April 1, 2012; and by August 1, 2012.
The conferees support APHIS' activities to control plant
pests and strongly support efforts to eradicate such pests as
the opportunities arise. Toward that purpose, the conferees
expect that funding for Specialty Crop Pests will be
supplemented with contingency or Commodity Credit Corporation
funds for the emergency purpose of eradicating the European
Grape Vine Moth.
The following table reflects the conference agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
[Dollars in Thousands]
Safeguarding and International Technical Assistance: Amount
Animal Health Technical Services.............................. 32,500
Aquatic Animal Health......................................... 2,261
Avian Health.................................................. 52,000
Cattle Health................................................. 99,000
Equine, Cervid & Small Ruminant Health........................ 22,000
National Veterinary Stockpile................................. 2,750
Swine Health.................................................. 23,000
Veterinary Biologics.......................................... 16,457
Veterinary Diagnostics........................................ 31,611
Zoonotic Disease Management................................... 9,000
Subtotal, Animal Health................................... 290,579
Agricultural Quarantine Inspection (Appropriated)............. 27,500
Cotton Pests.................................................. 17,848
Field Crop & Rangeland Ecosystems Pests....................... 9,068
Pest Detection................................................ 27,500
Plant Protection Methods Development.......................... 20,600
Specialty Crop Pests.......................................... 153,950
Tree & Wood Pests............................................. 55,638
Subtotal, Plant Health.................................... 312,104
Wildlife Damage Management.................................... 72,500
Wildlife Services Methods Development......................... 18,000
Subtotal, Wildlife Services............................... 90,500
Animal & Plant Health Regulatory Enforcement.................. 16,275
Biotechnology Regulatory Services............................. 18,135
Subtotal, Regulatory Services............................. 34,410
Contingency Fund.............................................. 1,000
Emergency Preparedness & Response............................. 17,000
Subtotal, Emergency Management............................ 18,000
Subtotal, Safeguarding and Emergency Preparedness/
Response............................................ 745,593
Safe Trade and International Technical Assistance:
Agriculture Import/Export..................................... 13,354
Overseas Technical & Trade Operations......................... 20,104
Subtotal, Safe Trade...................................... 33,458
Animal Welfare:
Animal Welfare................................................ 27,087
Horse Protection.............................................. 696
Subtotal, Animal Welfare.................................. 27,783
Agency Management:
APHIS Information Technology Infrastructure................... 4,335
Physical/Operational Security................................. 5,365
Subtotal, Agency Management............................... 9,700
--------------------------------------------------------------
____________________________________________________
Total, Direct Appropriation................................... 816,534
BUILDINGS AND FACILITIES
The conference agreement provides $3,200,000 for Animal
and Plant Health Inspection Service Buildings and Facilities as
proposed by the House instead of $3,176,000 as proposed by the
Senate.
Agricultural Marketing Service
MARKETING SERVICES
The conference agreement provides $82,211,000 for the
Agricultural Marketing Service as proposed by the Senate
instead of $77,800,000 as proposed by the House.
The conferees provide an increase of $300,000 for the
Market News Program to expand reporting on organic agricultural
products. In addition, AMS is encouraged to continue funding
the National Organic Program at the fiscal year 2011 level or
above.
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes a limitation on
administrative expenses of $62,101,000 as proposed by the
Senate instead of $61,000,000 as proposed by the House.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $20,056,000 for Funds
for Strengthening Markets, Income, and Supply as proposed by
the House and the Senate.
The following table reflects the status of this fund for
fiscal year 2012:
Estimated Total Funds Available and Balance Carried Forward
[Dollars in Thousands] Amount
Appropriation (30% of Customs Receipts)....................... 7,947,046
Balances Available for Transfers Less Transfers:
Food & Nutrition Service.................................(6,676,207)
Commerce Department....................................... (109,098)
Total, Transfers.....................................(6,785,306)
Unobligated Balance Available, Start of Year.................. 259,953
Unavailable for Obligations (recoveries & offsetting
collections).............................................. (73,694)
Transfer of Prior Year Funds to FNS (F&V;)..................... (117,000)
Budget Authority.............................................. 1,231,000
Unavailable for Obligation.................................... (150,000)
Unavailable for Obligations (F&V; Transfer-FNS)................ (133,000)
Available for Obligation...................................... 948,000
Less Obligations:
Child Nutrition Programs (Entitlement Commodities)........ 465,000
12 Percent Commodity Floor................................ --
Cotton, Soybean, Rice and Sweet Potato Disaster Program... --
State Option Contract..................................... 5,000
Removal of Defective Commodities.......................... 2,500
Emergency Surplus Removal................................. --
Disaster Relief........................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases............. 175,600
Fresh Fruit and Vegetable Program............................. 20,000
Accounting Adjustment......................................... --
Estimated Future Needs........................................ 227,113
Total, Commodity Procurement.............................. 900,213
Administrative Funds:
Commodity Purchase Support................................ 27,731
Marketing Agreements and Orders........................... 20,056
Total, Administrative Funds........................... 47,787
--------------------------------------------------------------
____________________________________________________
Total Obligations..................................... 948,000
Unavailable for Obligations (Fruit and Vegetable Transfer to
FNS)...................................................... 133,000
Balances, Collections, and Recoveries Not Available........... 73,694
Total End of Year Balance............................. 206,694
PAYMENTS TO STATES AND POSSESSIONS
The conference agreement provides $1,198,000 for Payments
to States and Possessions as proposed by the Senate instead of
$1,331,000 as proposed by the House.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
The conference agreement provides $37,750,000 for the
Grain Inspection, Packers and Stockyards Administration instead
of $37,000,000 as proposed by the House and $38,248,000 as
proposed by the Senate.
The conference agreement includes language (section 721)
that places conditions on the promulgation and implementation
of regulations relating to the Grain Inspection, Packers and
Stockyards Administration as authorized by Title XI of the
Food, Conservation, and Energy Act of 2008 (the Act). Funds are
provided to allow the Secretary to continue publication and
implementation of a final or interim final rule as provided by
the Administrative Procedures Act. The conference agreement
further provides that the annual cost to the economy of such
rules cannot exceed $100,000,000 and that the items included in
the rules must be limited to the specific items described in
the Act for which these rules were mandated.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The conference agreement includes a limitation on
inspection and weighing services expenses of $49,000,000
instead of $47,500,000 as proposed by the House and $50,000,000
as proposed by the Senate.
Office of the Under Secretary for Food Safety
The conference agreement provides $770,000 for the Office
of the Under Secretary for Food Safety as proposed by the
Senate instead of $689,000 as proposed by the House.
Food Safety and Inspection Service
The conference agreement provides $1,004,427,000 for the
Food Safety and Inspection Service instead of $972,028,000 as
proposed by the House and $1,006,503,000 as proposed by the
Senate.
The conferees direct FSIS to provide full funding to
states for state inspection programs.
The following table reflects the conference agreement:
Food Safety and Inspection Service
[Dollars in Thousands]
Federal....................................................... $887,520
State......................................................... 62,734
International................................................. 15,841
Codex Alimentarius............................................ 3,752
Public Health Data Communications Infrastructure System....... 34,580
--------------------------------------------------------------
____________________________________________________
Total, Food Safety and Inspection Service.........$1,004,427
Office of the Under Secretary for Farm and Foreign Agricultural
Services
The conference agreement provides $848,000 for the Office
of the Under Secretary for Farm and Foreign Agricultural
Services as proposed by the Senate instead of $760,000 as
proposed by the House.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $1,491,549,000 for the
Farm Service Agency instead of $1,439,970,000 as proposed by
the House and $1,474,511,000 as proposed by the Senate.
The conferees provide that not less than $66,685,000
shall be for Modernize and Innovate the Delivery of
Agricultural Systems.
The conferees strongly support the implementation of
Modernize and Innovate the Delivery of Agricultural Systems
(MIDAS), and encourage the agency to ensure that MIDAS's
initial operating capability will be released by October 2012.
The conference agreement provides $13,000,000 for the
Common Computing Environment.
The following table reflects the conference agreement:
[Dollars in Thousands]
Salaries and expenses................................... $1,198,966
Transfer from P.L. 480.................................. 2,500
Transfer from Export Loans.............................. 355
Transfer from ACIF...................................... 289,728
--------------------------------------------------------------
____________________________________________________
Total, FSA Salaries and expenses.................. $1,491,549
STATE MEDIATION GRANTS
The conference agreement provides $3,759,000 for State
Mediation Grants as proposed by the Senate instead of
$3,550,000 as proposed by the House.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The conference agreement provides $3,817,000 for the
Grassroots Source Water Protection Program as proposed by the
Senate instead of $3,605,000 as proposed by the House.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $100,000 for the Dairy
Indemnity Program as proposed by the House and Senate.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The following table reflects the conference agreement:
[Dollars in Thousands]
Farm Ownership Loans:
Direct.............................................. ($475,000)
Subsidy............................................. $22,800
Guaranteed.......................................... ($1,500,000)
Subsidy............................................. 0
Farm Operating Loans:
Direct.............................................. ($1,050,090)
Subsidy............................................. $59,120
Unsubsidized Guaranteed............................. ($1,500,000)
Subsidy............................................. $26,100
Indian Tribe Land Acquisition Loans..................... ($2,000)
Subsidy............................................. 0
Conservation Loans-Guaranteed........................... ($150,000)
Subsidy............................................. 0
Indian Highly Fractionated Land......................... ($10,000)
Subsidy............................................. $193
Boll Weevil Eradication................................. ($100,000)
Subsidy............................................. 0
ACIF Expenses:
Salaries and Expenses............................... $289,728
Administrative Expenses............................. $7,904
Risk Management Agency
The conference agreement provides $74,900,000 for the
Risk Management Agency as proposed by the Senate instead of
$68,016,000 as proposed by the House.
Federal Crop Insurance Corporation Fund
The conference agreement provides an appropriation of
such sums as may be necessary for the Federal Crop Insurance
Corporation Fund (estimated to be $3,142,375,000 in the
President's fiscal year 2012 Budget Request) as proposed by the
House and Senate.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides an appropriation of
such sums as may be necessary for Reimbursement for Net
Realized Losses of the Commodity Credit Corporation (estimated
to be $14,071,000,000 in the President's fiscal year 2012
Budget Request) as proposed by the House and Senate.
Hazardous Waste Management
(LIMITATION ON EXPENSES)
The conference agreement provides a limitation of
$5,000,000 for Hazardous Waste Management as proposed by the
House and Senate.
TITLE II--CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
The conference agreement provides $848,000 for the Office
of the Under Secretary for Natural Resources and Environment as
proposed by the Senate instead of $760,000 as proposed by the
House.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The conference agreement provides $828,159,000 for
Conservation Operations as proposed by the Senate instead of
$770,956,000 as proposed by the House.
The conference agreement provides $9,300,000 for the Snow
Survey and Water Forecasting Program; $9,400,000 for the Plant
Material Centers; $80,000,000 for the Soil Surveys Program; and
$729,459,000 for Conservation Technical Assistance.
The conference agreement provides an increase of
$5,000,000 for the Conservation Effects Assessment Project and
an increase of $5,000,000 for the Conservation Delivery
Streamlining Initiative.
The conference agreement provides $12,500,000 for the
Common Computing Environment.
WATERSHED REHABILITATION PROGRAM
The conference agreement provides $15,000,000 for the
Watershed Rehabilitation Program as proposed by the House
instead of $8,000,000 as proposed by the Senate.
TITLE III--RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The conference agreement provides $848,000 for the Office
of the Under Secretary for Rural Development as proposed by the
Senate instead of $760,000 as proposed by the House.
RURAL DEVELOPMENT SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $182,023,000 for Rural
Development Salaries and Expenses as proposed by the Senate
instead of $161,011,000 as proposed by the House.
The conference agreement provides $4,500,000 for the
Common Computing Environment.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides a total subsidy of
$510,991,000 for activities under the Rural Housing Insurance
Fund Program Account instead of $472,500,000 as proposed by the
House and $512,791,000 as proposed by the Senate. This includes
a transfer of $430,800,000 to the Rural Development Salaries
and Expenses account as proposed by the Senate instead of
$400,000,000 as proposed by the House.
The following table indicates loan, subsidy and grant
levels provided by the conference agreement:
[Dollars in Thousands]
Loan authorizations:
Single family direct (sec. 502)..................... ($900,000)
Single family unsubsidized guaranteed............... (24,000,000)
Housing repair (sec. 504)........................... (10,000)
Rental housing (sec. 515)............................... (64,478)
Multi-family guaranteed (sec. 538).................. (130,000)
Credit sales of acquired property................... (10,000)
Farm labor housing.................................. (20,791)
Self help housing land development.................. (5,000)
--------------------------------------------------------------
____________________________________________________
Total, Loan authorizations...................... ($25,140,269)
==============================================================
____________________________________________________
Loan subsidies:
Single family direct (sec. 502)..................... $42,570
Housing repair (sec. 504)........................... 1,421
Rental housing (sec. 515)........................... 22,000
Farm labor housing.................................. 7,100
--------------------------------------------------------------
____________________________________________________
Subtotal, Loan subsidies........................ 73,091
Farm labor housing grants........................... 7,100
--------------------------------------------------------------
____________________________________________________
Total, Loan subsidies and grants................ $80,191
Administrative expenses (transfer to RD)............ $430,800
Total, Loan subsidies, grants and administrative
expenses...................................... $510,991
==============================================================
____________________________________________________
The conferees recognize that many private lenders have
been unable to implement the new annual fee for Section 502
guaranteed loans as required by the Department. Currently, only
one major lender has developed the necessary automated systems
capacity. Many small rural banks and state housing agencies are
precluded from program participation due to their lack of
automated systems enhancements. To provide a short-term
solution, the conferees provide authority to the Department to
increase the guarantee fee, such that subsidy costs are covered
while relying on processes that traditional program
participants already have in place. However, the conferees are
hopeful that participants continue to pursue automated systems
changes necessary to implement the annual fee. The conferees
direct the Department to complete all necessary systems
enhancements as soon as possible.
RENTAL ASSISTANCE PROGRAM
The conference agreement provides $904,653,000 for the
Rental Assistance Program as proposed by the Senate instead of
$890,000,000 as proposed by the House.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
The conference agreement provides $13,000,000 for the
Multi-Family Housing Revitalization Account Program as proposed
by the Senate instead of $11,000,000 as proposed by the House.
This includes $11,000,000 for vouchers and $2,000,000 for
a housing preservation demonstration program.
MUTUAL AND SELF-HELP HOUSING GRANTS
The conference agreement provides $30,000,000 for Mutual
and Self-Help Housing Grants as proposed by the Senate instead
of $22,000,000 as proposed by the House.
RURAL HOUSING ASSISTANCE GRANTS
The conference agreement provides $33,136,000 for Rural
Housing Assistance Grants instead of $32,000,000 as proposed by
the House and $34,271,000 as proposed by the Senate.
The following table reflects the grant levels provided by
the conference agreement:
[Dollars in Thousands]
Very-low income housing repair grants......................... $29,500
Housing preservation grants................................... 3,636
--------------------------------------------------------------
____________________________________________________
Total, grants................................... $33,136
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $29,291,000 for the
Rural Community Facilities Program Account instead of
$18,000,000 as proposed by the House and $26,274,000 as
proposed by the Senate.
The following table reflects the loan, subsidy and grant
amounts provided by the conference agreement:
[Dollars in Thousands]
Loan Authorizations:
CF direct loans..................................... ($1,300,000)
CF guaranteed loans................................. (105,708)
Loan Subsidies and Grants:
CF guaranteed loans................................. 5,000
CF grants........................................... 11,363
Rural Community Development Initiative.............. 3,621
Economic Impact Initiative.......................... 5,938
Tribal College Grants............................... 3,369
--------------------------------------------------------------
____________________________________________________
Total, subsidies and grants..................... $29,291
The conferees note that USDA Community Facilities loans
and grants can assist eligible school districts participating
in the National School Lunch and Breakfast Programs with
upgrades to school infrastructure in order to assist schools in
meeting the new nutrition standards. The conferees encourage
the Department to conduct outreach to rural school districts,
especially those with more than 50 percent of students eligible
for free or reduced-price meals, and consider applications for
school food service upgrades through the Rural Community
Facilities program.
Rural Business-Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $74,809,000 for the
Rural Business Program Account instead of $64,500,000 as
proposed by the House and $79,665,000 as proposed by the
Senate.
The following table reflects the loan, subsidy and grant
levels provided by the conference agreement:
[Dollars in Thousands]
Business and Industry loan program:
Guaranteed loan authorization....................... ($822,886)
Guaranteed loan subsidy............................. 45,341
Rural business enterprise grants........................ 24,318
Rural business opportunity grants....................... 2,250
Delta Regional Authority................................ 2,900
--------------------------------------------------------------
____________________________________________________
Total, subsidy and grants....................... $74,809
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $10,684,000 for the
Rural Development Loan Fund Program Account instead of
$8,500,000 as proposed by the House and $11,684,000 as proposed
by the Senate.
The conference agreement provides for a transfer of
$4,684,000 to the Rural Development Salaries and Expenses
account as proposed by the Senate instead of $3,500,000 as
proposed by the House.
The following table reflects the loan and subsidy levels
provided by the conference agreement:
[Dollars in Thousands]
Loan authorization............................................ ($17,710)
Loan subsidy.................................................. 6,000
Administrative expenses (Transfer to RD)...................... 4,684
--------------------------------------------------------------
____________________________________________________
Total, subsidy and administrative expenses............ $10,684
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
The conference agreement provides $33,077,000 for the
Rural Economic Development Loans Program Account as proposed by
the House and the Senate.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The conference agreement provides $25,050,000 for Rural
Cooperative Development Grants instead of $22,500,000 as
proposed by the House and $27,915,000 as proposed by the
Senate.
The conferees provide $5,800,000 for cooperative
development grants; $2,250,000 for a cooperative agreement for
the Appropriate Technology Transfer for Rural Areas program;
$3,000,000 for cooperatives or associations of cooperatives
whose primary focus is to provide assistance to small, socially
disadvantaged producers; and $14,000,000 for value-added
agricultural product market development grants.
RURAL ENERGY FOR AMERICA PROGRAM
The conference agreement provides $3,400,000 for the
Rural Energy for America Program instead of $2,300,000 as
proposed by the House and $4,500,000 as proposed by the Senate.
The following table reflects the loan, subsidy and grant
levels provided by the conference agreement:
[Dollars in Thousands]
Guaranteed loan authorization................................. ($6,491)
Guaranteed loan subsidy....................................... 1,700
Grants........................................................ 1,700
--------------------------------------------------------------
____________________________________________________
Total, subsidy and grants............................. $3,400
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $513,000,000 for the
Rural Water and Waste Disposal Program Account instead of
$500,000,000 as proposed by the House and $509,295,000 as
proposed by the Senate.
The following table reflects the loan, subsidy and grant
levels provided by the conference agreement:
Loan authorizations: [Dollars in Thousands]
Water and waste direct loans..............................($730,689)
Water and waste guaranteed loans.......................... (62,893)
Subsidies and grants:
Direct loan subsidy....................................... 70,000
Guaranteed loan subsidy................................... 1,000
Water and waste revolving fund............................ 497
Water well system grants.................................. 993
Grants for Colonias, Native Americans, Alaskan Native
Villages, and the Department of Hawaiian Home Lands..... 66,500
Water and waste technical assistance grants............... 19,000
Circuit Rider program..................................... 15,000
Solid waste management grants............................. 3,400
High energy cost grants................................... 9,500
Water and waste disposal grants........................... 327,110
--------------------------------------------------------------
____________________________________________________
Total, subsidies and grants........................... $513,000
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides a total subsidy of
$36,976,000 for activities under the Rural Electrification and
Telecommunications Loans Program Account as proposed by the
Senate instead of $30,000,000 as proposed by the House. The
conference agreement provides for an estimated loan level of
$7,714,286,000 as proposed by the Senate instead of
$7,290,000,000 as proposed by the House.
The conference agreement provides for a transfer of
$36,382,000 to the Rural Development Salaries and Expenses
account as proposed by the Senate instead of $30,000,000 as
proposed by the House.
The conferees direct USDA to provide a report on baseload
generation needs in rural America and to work with interested
parties and the Office of Management and Budget to conduct a
subsidy analysis that incorporates the most up to date data.
The conferees direct USDA to provide the report to the
Committees on Appropriations of the House and the Senate by
February 1, 2012.
The conferees encourage the Department to encourage a
diversity of applicants for the guaranteed underwriting
program.
The following table indicates loan and subsidy levels
provided by the conference agreement:
[Dollars in Thousands]
Loan authorizations:
Electric:
Direct, 5 percent................................... ($100,000)
Direct, FFB......................................... (6,500,000)
Guaranteed underwriting............................. (424,286)
--------------------------------------------------------------
____________________________________________________
Subtotal.............................................(7,024,286)
==============================================================
____________________________________________________
Telecommunications:
Direct, 5 percent................................... (145,000)
Direct, Treasury rate............................... (250,000)
Direct, FFB......................................... (295,000)
--------------------------------------------------------------
____________________________________________________
Subtotal.............................................. (690,000)
==============================================================
____________________________________________________
Total, loan authorizations....................($7,714,286)
==============================================================
____________________________________________________
Loan subsidies:
Electric:
Guaranteed underwriting................................... 594
Administrative expenses (transfer to RD).................. 36,382
--------------------------------------------------------------
____________________________________________________
Total, Loan subsidies and administrative expenses. $36,976
==============================================================
____________________________________________________
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The conference agreement provides $37,372,000 for the
distance learning, telemedicine and broadband program instead
of $21,000,000 as proposed by the House and $46,942,000 as
proposed by the Senate.
The conference agreement provides $15,000,000 for grants
for telemedicine and distance learning services in rural areas.
The conference agreement provides $3,000,000 for telemedicine
and distance learning grants for health needs in the
Mississippi River Delta area and $3,000,000 for grants to
noncommercial educational television broadcast stations that
serve rural areas.
The conference agreement provides $10,372,000 for grants
to finance broadband transmission and Internet services in
unserved and underserved rural areas.
The conference agreement provides an estimated loan level
of $212,014,000 and $6,000,000 in subsidy for broadband
telecommunications.
Funding provided for the broadband program is intended to
promote broadband availability in those areas where there is
not otherwise a business case for private investment in a
broadband network. The conferees encourage RUS to focus
expenditures on projects that bring broadband service to
currently unserved households.
TITLE IV--DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
The conference agreement provides $770,000 for the Office
of the Under Secretary for Food, Nutrition and Consumer
Services as proposed by the Senate instead of $689,000 as
proposed by the House.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $18,151,176,000 for
Child Nutrition Programs as proposed by the Senate instead of
$18,770,571,000 as proposed by the House.
The conference agreement includes a general provision
relating to child nutrition guidelines.
The conference agreement provides the following for Child
Nutrition Programs:
Total Obligational Authority
[Dollars in Thousands]
Child Nutrition Programs:
School lunch program................................ $10,169,615
School breakfast program............................ 3,313,848
Child and adult care food program................... 2,831,543
Summer food service program......................... 401,998
Special milk program................................ 13,240
State administrative expenses....................... 279,016
Commodity procurement............................... 1,075,727
Healthier US Schools Challenge...................... 1,500
Team Nutrition...................................... 15,016
Food Safety Education............................... 2,510
Coordinated Review.................................. 9,763
Computer Support and Processing..................... 9,525
CACFP training and technical assistance............. 3,537
Studies and other activities........................ 19,000
Farm to school tactical team........................ 2,000
CN payment accuracy................................. 2,338
School Breakfast Expansion Grants................... 1,000
--------------------------------------------------------------
____________________________________________________
Total....................................... $18,151,176
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The conference agreement provides $6,618,497,000 for the
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC) instead of $6,048,250,000 as proposed by the
House and $6,582,497,000 as proposed by the Senate. The
conferees believe that funding for other initiatives within
this program should only occur upon determination that
participation needs have been met, and the contingency reserve
should not be used for these initiatives.
The conferees are interested in Federal and State
initiatives to actively manage the costs of the WIC program so
that resources provided to support participants are efficiently
and effectively utilized. The conferees seek demonstrated
efficiencies and strong financial controls in all aspects of
the program, including the cost of delivering nutritional and
other preventative health services by the States, so that
limited funds can be used to provide benefits to all eligible
women, infants, and children seeking program services in a
given year. The conferees direct the Food and Nutrition Service
to provide the Committees with a report on how it will pursue
these objectives by January 31, 2012.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The conference agreement provides $80,401,722,000 for the
Supplemental Nutrition Assistance Program instead of
$71,173,308,000 as proposed by the House and $80,402,722,000 as
proposed by the Senate. The conference agreement includes
$3,000,000,000 to be made available for a contingency reserve.
The conferees note that $3,000,000,000 was also made available
in fiscal year 2011 as a contingency reserve and remains
available in fiscal year 2012.
The conference agreement provides the following for the
Supplemental Nutrition Assistance Program:
Total Obligational Authority
[Dollars in Thousands]
Supplemental Nutrition Assistance Program:
Benefits............................................ $70,524,648
Contingency Reserve................................. 3,000,000
State Administrative Costs.......................... 3,742,000
Nutrition Education and Obesity Prevention Grant
Program........................................... 388,000
Employment and Training............................. 397,118
Mandatory Other Program Costs....................... 114,477
Discretionary Other Program Costs................... 1,000
Nutrition Assistance for Puerto Rico and American
Samoa............................................. 1,842,835
Food Distribution Program for Indian Reservations... 102,746
TEFAP Commodities................................... 260,250
Commonwealth of the Northern Mariana Islands........ 13,148
Community Food Project.............................. 5,000
Program Access...................................... 5,000
Financial Management Systems Modernization.......... 3,500
Information Technology Modernization and Support.... 2,000
--------------------------------------------------------------
____________________________________________________
Total....................................... $80,401,722
COMMODITY ASSISTANCE PROGRAM
The conference agreement provides $242,336,000 for the
Commodity Assistance Program as proposed by the Senate instead
of $197,500,000 as proposed by the House.
The conference agreement includes $176,788,000 for the
Commodity Supplemental Food Program.
The conference agreement provides $48,000,000 for
administrative funding for the Emergency Food Assistance
Program (TEFAP). In addition, the conference agreement grants
the Secretary authority to transfer up to an additional 10
percent from TEFAP commodities for this purpose.
The conference agreement provides $16,548,000 for the
Farmer's Market Nutrition Program and $1,000,000 for Pacific
Island Assistance.
The conferees direct USDA to make an assessment to
determine if State agencies are in compliance with 7 CFR Part
251.5(b), and, if not, they are directed to issue guidance to
the respective agencies on how they can comply with this
regulation. Additionally, the conferees direct USDA to submit a
report to the Committees on Appropriations of the House and the
Senate on steps the Department might use to measure
participation in the Emergency Food Assistance Program by March
16, 2012.
NUTRITION PROGRAMS ADMINISTRATION
The conference agreement provides $138,500,000 for
Nutrition Programs Administration instead of $125,000,000 as
proposed by the House and $140,130,000 as proposed by the
Senate.
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $176,347,000 for the
Foreign Agricultural Service (FAS), Salaries and Expenses, as
proposed by the Senate instead of $172,500,000 as proposed by
the House.
While the conferees believe that USDA, and its partner
USAID, must first focus on addressing immediate emergency needs
in places such as the Horn of Africa, the Department must begin
to develop plans and corresponding goals aimed at building
market-driven institutions and science-based regulatory
frameworks that facilitate trade and create an environment
conducive to agricultural growth. Therefore, the conferees
direct FAS to submit a report within 60 days of enactment of
this Act with options for shifting more focus in outyear
budgets from long-term or extended emergency food aid programs
to programs that support FAS' duties to help developing
countries improve their agricultural systems and build trade
capacity in order to improve their long-term economic
development.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $2,500,000 for
administrative expenses for the Food for Peace Title I Direct
Credit and Food for Progress Program Account, to be transferred
to and merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses'', instead of $2,385,000 as proposed by
the House and $2,666,000 as proposed by the Senate.
FOOD FOR PEACE TITLE II GRANTS
The conference agreement provides $1,466,000,000 for Food
For Peace Title II Grants instead of $1,040,198,000 as proposed
by the House and $1,562,000,000 as proposed by the Senate.
The amount provided for this program is more than
$200,000,000 less than the amount requested by the President
and even further below the levels appropriated in recent years.
Flexibility in providing appropriations for humanitarian food
assistance has been constrained by the Budget Control Act of
2011 (BCA) which established a firewall between security and
non-security discretionary spending. This conference report
includes only two programs under the security heading, PL 480
and the McGovern-Dole International Food for Education and
Child Nutrition Program, both of which are related to
humanitarian food assistance. Because of this inflexibility in
shifting discretionary resources due to the requirements of the
BCA, the conferees are unable to provide higher levels of
funding for these two programs without being in violation of
established budget caps. The conferees remain aware of the
acute problems relating to global hunger, especially in view of
the declared famine in the Horn of Africa, and will continue to
monitor conditions there and elsewhere in the world in order to
take whatever steps are available, as conditions warrant.
The conference agreement includes language in Section 741
to ensure humanitarian food assistance programs include
sufficient monitoring and control mechanisms. The conferees
believe that food aid should not be used as a political tool
but that recipient nations do have obligations to ensure
transparency and cooperation in the distribution of aid to
affected populations. Should the U.S. government consider
resumption of food assistance to the Democratic People's
Republic of Korea, it is expected that assurances will be given
to protect the integrity of program execution, including
monitoring, and that any remaining issues regarding previous
year program delivery be satisfactorily resolved.
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM
ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $6,820,000 for the
Commodity Credit Corporation Export (Loans) Credit Guarantee
Program Account as proposed by the House instead of $6,465,000
as proposed by the Senate.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The conference agreement provides $184,000,000 for the
McGovern-Dole International Food for Education and Child
Nutrition Program instead of $180,000,000 as proposed by the
House and $188,000,000 as proposed by the Senate.
TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
The conference agreement provides total appropriations,
including Prescription Drug User Fee Act, Medical Device and
Modernization User Fee Act, Animal Drug User Fee Act, Animal
Generic Drug User Fee Act, Tobacco Product User Fee Act, Food
Reinspection User Fee Act, and Food Recall User Fee Act
collections, of $3,788,336,000 for the salaries and expenses of
the Food and Drug Administration instead of $3,654,148,000 as
proposed by the House and $3,859,402,000 as proposed by the
Senate and provides specific amounts by FDA activity as
reflected in the following table:
Food and Drug Administration Salaries & Expenses
Budget Authority: [Dollars in Thousands]
Foods..................................................... $866,061
Center for Food Safety and Applied Nutrition.............. 264,296
Field Activities...................................... 601,765
Human Drugs............................................... 477,810
Center for Drug Evaluation and Research................... 347,817
Field Activities...................................... 129,993
Biologics................................................. 212,224
Center for Biologics Evaluation and Research.............. 171,711
Field Activities...................................... 40,513
Animal Drugs and Feeds.................................... 138,021
Center for Veterinary Medicine............................ 84,699
Field Activities...................................... 53,322
Devices and Radiological Products......................... 322,672
Center for Devices and Radiological Health................ 241,475
Field Activities...................................... 81,197
National Center for Toxicological Research.................... 60,039
Other Activities/Office of the Commissioner................... 153,704
White Oak Consolidation....................................... 40,386
GSA Rent...................................................... 65,598
Other Rent and Rent Related................................... 160,506
Subtotal, Budget Authority............................ 2,497,021
User Fees:
Prescription Drug User Fee Act................................ 702,172
Medical Device User Fee and Modernization Act................. 57,605
Animal Drug User Fee Act...................................... 21,768
Animal Generic Drug User Fee Act.............................. 5,706
Tobacco Product User Fees..................................... 477,000
Food Reinspection Fees........................................ 14,700
Food Recall Fees.............................................. 12,364
Subtotal, User Fees................................... 1,291,315
--------------------------------------------------------------
____________________________________________________
Total, FDA Program Level..........................$3,788,336
The conference agreement includes the following
increases: $39,000,000 to begin implementation of the Food
Safety Modernization Act; $20,038,000 for advancing medical
countermeasures; and $12,962,000 for mandatory rental payments.
The conferees also accept FDA's proposed reduction of
$22,000,000 due to administrative and contract savings. The
conferees direct FDA to provide a report within 30 days of
enactment of this Act on how it intends to allocate these
increases.
The conferees direct that, within 90 days of the date of
enactment of this Act, FDA report on the average number of
calendar days that elapsed from the date that drug applications
(including any supplements) were submitted to the agency under
section 505 of the Federal Food, Drug, and Cosmetic Act (FD&C;
Act) until the date that the drugs were approved; the average
number of calendar days that elapsed from the date that
applications for device clearance (including any supplements)
under section 510(k) of the FD&C; Act or for premarket approval
(including any supplements) under section 515 of the FD&C; Act
were submitted to the agency until the date that the devices
were cleared; and the average number of calendar days that
elapsed from the date that biological license applications
(including any supplements) were submitted to the agency under
section 351 of the Public Health Service Act until the date
that the biological products were licensed.
The conferees are concerned that FDA has not issued a
proposed rule revising the monograph regulating the labeling of
over-the-counter cough and cold products for children. The
conferees direct the FDA to publish a proposed rule by December
31, 2011, based on the latest scientific evidence for safety
and efficacy in pediatric populations.
The conferees recognize that FDA is developing facilities
and expertise to study nanotechnology within FDA's Jefferson
Laboratory Campus, including the National Center for
Toxicological Research, and its consolidated headquarters at
White Oak, Maryland. The conferees support FDA in its mission
to expand upon current research in nanotechnology and support
the eventual development of a Nanotechnology Core Center to
meet its mission.
The conferees are aware that FDA currently inspects less
than 2 percent of imported seafood. Further, many of these
imports may contain substances that are banned in the United
States. Therefore, the conferees direct FDA to develop a
comprehensive program for imported seafood.
The conferees note that the most recent CDC estimates are
that only 20 percent of foodborne illnesses are from 31 known
pathogens such as norovirus, salmonella and clostridium. Since
80 percent of illnesses are caused by unknown sources, FDA is
encouraged to work with the public and private sectors to gain
a better understanding of the causes of illness. FDA's broader
understanding of unknown sources should contribute towards the
development of new strategies, policies, and foodborne illness
prevention methods. While simultaneously seeking answers to
unknown sources and plans to address these hazards, FDA has to
do a better job of identifying more effective food safety
activities that will reduce illnesses, hospitalizations, and
deaths associated with the other 20 percent of foodborne
illness. Within the funding level for food safety, FDA is
directed to develop a clear strategy on how the agency can
prioritize intervention methods along the farm to fork
continuum to reduce illness once they have discovered the
sources for a much greater proportion of unknown agents and to
tie the funding levels for food safety to increased levels of
activities to both the known and the unknown sources of
illness. The conferees direct FDA to include this information
in the fiscal year 2013 budget justifications to Congress.
The conferees emphasize the importance of predictability
and transparency in the FDA approval process, and urge FDA to
remain focused on its core mission of ensuring the safety,
efficacy and security of human and veterinary drugs, biological
products, medical devices, fostering the development of medical
products to support the counterterrorism effort, and helping to
speed innovation of safe and effective products that improve
the lives of patients and consumers. The conferees urge FDA to
be responsive, timely, and transparent throughout the approval
process for all human and veterinary drugs, biological
products, medical devices, and medical countermeasures.
BUILDINGS AND FACILITIES
The conference agreement provides $8,788,000 for the Food
and Drug Administration Buildings and Facilities as proposed by
the House instead of $8,982,000 as proposed by the Senate.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
The conference agreement provides $205,294,000, to remain
available until September 30, 2013, for the Commodity Futures
Trading Commission instead of $171,930,000 as proposed by the
House and $240,000,000 as proposed by the Senate.
Of the total amount provided, the conference agreement
includes $55,000,000, to remain available until September 30,
2014, for information technology investments.
The conferees direct the CFTC to submit, within 30 days
of enactment, a detailed spending plan for the allocation of
the funds made available, displayed by discrete program,
project, and activity, including staffing projections,
specifying both FTEs and contractors, and planned investments
in information technology.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes a limitation of
$61,000,000 on administrative expenses of the Farm Credit
Administration instead of $62,000,000 as proposed by the House
and the Senate.
TITLE VII--GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The conference agreement includes language
making funds available for the purchase, replacement and hire
of passenger motor vehicles.
Section 702.--The conference agreement includes language
regarding transfers of funds to the Working Capital Fund of the
Department of Agriculture.
Section 703.--The conference agreement includes language
limiting funding provided in the bill to one year unless
otherwise specified.
Section 704.--The conference agreement includes language
regarding indirect cost rates on cooperative agreements between
the Department of Agriculture and nonprofit institutions.
Section 705.--The conference agreement includes language
making appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans available until expended to
disburse certain obligations for certain Rural Development
programs.
Section 706.--The conference agreement includes language
prohibiting the use of funds to establish an inspection panel
at the Department of Agriculture.
Section 707.--The conference agreement includes language
regarding the transfer of funds to the Office of the Chief
Information Officer and the acquisition of information
technology systems.
Section 708.--The conference agreement includes language
making funds available until expended to the Department of
Agriculture to disburse certain obligations for certain
conservation programs.
Section 709.--The conference agreement includes language
regarding Rural Utility Service program eligibility.
Section 710.--The conference agreement includes language
regarding in-kind support and Department of Agriculture
research grants.
Section 711.--The conference agreement includes language
regarding Farm Service Agency and Rural Development funds for
information technology expenses.
Section 712.--The conference agreement includes language
regarding the availability of funds for liquid infant formula.
Section 713.--The conference agreement includes language
prohibiting first-class airline travel.
Section 714.--The conference agreement includes language
regarding the availability of certain funds of the Commodity
Credit Corporation.
Section 715.--The conference agreement includes language
regarding non-emergency humanitarian food assistance.
Section 716.--The conference agreement includes language
regarding certain farm programs.
Section 717.--The conference agreement includes language
regarding direct loans made under the Rural Electrification
Act.
Section 718.--The conference agreement includes language
regarding the Bill Emerson Humanitarian Trust Act.
Section 719.--The conference agreement includes language
regarding funding for advisory committees.
Section 720.--The conference agreement includes language
regarding the limitation on indirect costs for grants awarded
by the National Institute of Food and Agriculture.
Section 721.--The conference agreement includes language
regarding regulations under the Grain Inspection, Packers and
Stockyards Administration.
Section 722.--The conference agreement includes language
regarding the rescission of funds.
Section 723.--The conference agreement includes language
regarding the rescission of unobligated balances.
Section 724.--The conference agreement includes language
regarding section 1621 of Public Law 110-246.
Section 725.--The conference agreement includes language
regarding strategic rural development planning.
Section 726.--The conference agreement includes language
regarding the availability of funds for certain Department of
Agriculture programs.
Section 727.--The conference agreement includes language
regarding a pilot program for certain forest lands.
Section 728.--The conference agreement includes language
regarding user fee proposals without offsets.
Section 729.--The conference agreement includes language
regarding the rescission of certain unobligated balances.
Section 730.--The conference agreement includes language
regarding the reprogramming of funds.
Section 731.--The conference agreement includes language
regarding fees for the guaranteed business and industry loan
program.
Section 732.--The conference agreement includes language
regarding the conveyance of certain research facilities.
Section 733.--The conference agreement includes language
regarding the appropriations hearing process.
Section 734.--The conference agreement includes language
regarding food donations and the National School Lunch Program.
Section 735.--The conference agreement includes language
regarding the Emergency Conservation Program, the Emergency
Watershed Program and the Emergency Forestry Conservation
Program.
Section 736.--The conference agreement includes language
regarding government-sponsored news stories.
Section 737.--The conference agreement includes language
regarding details and assignments of Department of Agriculture
employees.
Section 738.--The conference agreement includes language
prohibiting grants and loans to a corporation convicted of a
felony under Federal law.
Section 739.--The conference agreement includes language
prohibiting grants and loans to corporations that have an
unpaid Federal tax liability.
Section 740.--The conference agreement includes language
regarding certain unobligated balances.
Section 741.--The conference agreement includes language
regarding emergency food aid.
Section 742.--The conference agreement includes language
regarding the Department of Agriculture's wool and mohair
program.
Section 743.--The conference agreement includes language
regarding nutrition standards for the school breakfast and
lunch programs.
Section 744.--The conference agreement includes language
regarding the Department of Agriculture's Community Facilities
program.
Section 745.--The conference agreement includes language
regarding eligibility for certain farm programs.
Section 746.--The conference agreement includes language
regarding nutrition standards for the school breakfast and
lunch programs.
Section 747.--The conference agreement includes language
regarding transfers of funds in certain Rural Development
programs.
Section 748.--The conference agreement includes language
regarding the Water Bank Act.
The conference agreement does not include a provision
(House Section 743) regarding an across-the-board reduction to
the funding levels in all accounts in titles I through IV. The
House funding levels stated in the Statement of Managers do not
reflect the impact of this reduction in each of the respective
accounts.
The conference agreement does not include a provision
(House Section 749) on the Energy Independence and Security Act
of 2007. The conferees note that the enforcement of section 526
of the Energy Independence and Security Act of 2007 may lead to
higher fuel costs for federal fleets in the absence of
competitively priced new generation fuels that emit fewer
emissions. In carrying out this statute, the Secretary of
Agriculture, the Commissioner of the Food and Drug
Administration and Chairman of the Commodity Futures Trading
Commission should work to ensure that costs associated with
fuel purchases necessary to carry out the missions of their
respective departments or agencies should be minimized to the
extent possible under the law.
The conference agreement does not include a provision
(House Section 750) regarding the ``Know Your Farmer, Know Your
Food'' initiative. The conferees direct the Department to post
on its website prior to any travel primarily related to the
``Know Your Farmer, Know Your Food'' initiative, information
including the agenda and the cost of such travel. In addition,
within 90 days of enactment of this Act the Secretary shall
submit to the Committees on Appropriations of the House and
Senate a report on the impacts of this initiative over the
previous two years, and to include justification for this
initiative in the fiscal year 2013 budget explanatory notes.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
The committee of conference approves report language
included in House Report 112-169 or Senate Report 112-78 that
is not changed by the conference. The statement of managers,
while repeating some language for emphasis, is not intended to
negate the language referred to above unless expressly provided
herein. In cases where both the House and Senate reports
address a particular issue not specifically addressed in the
conference report or joint statement of managers, the conferees
have determined the House report and the Senate report are not
inconsistent and are to be interpreted accordingly. In cases
where the House or Senate report directs the submission of a
report, such report is to be submitted to both the House and
Senate Committees on Appropriations.
The conferees expect that each department and agency
funded in this Act shall follow the directions set forth in
this Act and the accompanying statement, and shall not
reallocate resources or reorganize activities except as
provided herein. Reprogramming procedures shall apply to funds
provided in this Act, unobligated balances from previous
appropriations Acts that are available for obligation or
expenditure in fiscal year 2012, and non-appropriated resources
such as fee collections that are used to meet program
requirements in fiscal year 2012. These procedures are
specified in section 505 of this Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project or activity cited in the statement accompanying this
conference agreement, or in the accompanying reports of the
House or Senate and not changed by the conference, shall be
construed as the position of the conference and shall not be
subject to reductions or reprogramming without prior approval
of the Committees. The conferees further expect any department
or agency funded in this Act which plans a reduction-in-force
to notify by letter the Appropriations Committees of the House
and Senate 30 days in advance of the date of any such planned
personnel action.
The conferees note that when a department or agency
submits a reprogramming or transfer request to the
Appropriations Committees of the House and Senate and does not
receive identical responses by the House and Senate, it shall
be the responsibility of the department or agency seeking the
reprogramming to reconcile the difference between the two
bodies before proceeding. If reconciliation is not possible,
the items in disagreement in the reprogramming or transfer
request shall be considered unapproved.
In compliance with section 538 of this Act, the conferees
direct the Departments of Commerce and Justice, the National
Aeronautics and Space Administration and the National Science
Foundation to submit spending plans, signed by the respective
department or agency head, for the Committees' review within 45
days of enactment of this Act.
TITLE I
DEPARTMENT OF COMMERCE
Reporting requirements.--Unless specifically noted in the
following narrative, the conferees adopt by reference all House
and Senate language regarding reports requested throughout
Title I. These reports shall be submitted to the Committees on
Appropriations within 120 days of enactment of this Act.
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $465,000,000 in total
resources for the programs of the International Trade
Administration (ITA). This amount is offset by $9,439,000 in
estimated fee collections, resulting in a direct appropriation
of $455,561,000.
Travel reports.--The conferees do not adopt House
language regarding quarterly reports on ITA employee travel to
China. Additional direction on this matter is included in the
Departmental Management heading. Instead, per section 112 of
this Act, the conferees direct the Secretary to provide monthly
reports to the Committees on Appropriations, beginning with
October 1, 2011 data, including separate breakouts of funding
by bureau, the number of trips, and purposes of travel to
China. The conferees expect the first such monthly report to be
provided within 30 days of enactment of this Act and within 30
days of the end of each subsequent month.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The conference agreement includes $101,000,000 for the
Bureau of Industry and Security.
Economic Development Administration
The conference agreement includes $457,500,000 for the
programs and administrative expenses of the Economic
Development Administration (EDA).
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The conference agreement includes $420,000,000 for
Economic Development Assistance Programs, including
$200,000,000 for disaster assistance in response to natural
disaster declarations during fiscal year 2011. Of the amounts
provided for non-disaster programs, funds are to be distributed
as follows; any deviation of funds shall be subject to the
procedures set forth in section 505 of this Act:
Public Works............................................ $111,640,000
Planning................................................ 29,000,000
Technical Assistance.................................... 12,000,000
Research and Evaluation................................. 1,500,000
Trade Adjustment Assistance............................. 15,800,000
Economic Adjustment Assistance.......................... 50,060,000
--------------------------------------------------------
____________________________________________________
Total............................................... $220,000,000
========================================================
____________________________________________________
Repatriation grants.--The conference agreement includes
funds as proposed by the House for EDA to use its programs as a
source for working with U.S. companies to bring their services,
manufacturing, and/or research and development activities back
to economically distressed regions in the United States.
Technical Assistance.--The conference agreement does not
adopt House report language directing that EDA provide a review
of the University Center program. Instead, the conferees direct
the Secretary of Commerce to commission an independent review
of the University Center program within 60 days of enactment of
this Act. This review shall gather information requested in
both House and Senate reports with respect to an evaluation of
the University Center program.
Trade Adjustment Assistance.--The conferees note that
funds provided under this activity are for manufacturing firms
negatively impacted by import competition.
Economic Adjustment Assistance (EAA).--The conference
agreement includes funding for new loan guarantee programs as
authorized under sections 26 and 27 of the America COMPETES Act
(P.L. 111-358). The America COMPETES Act includes a number of
safeguards with respect to these programs and the conferees
expect EDA to rigorously abide by the requirements outlined in
this legislation under 15 U.S.C. 3721 and 15 U.S.C. 3722.
Specifically, the Secretary, in consultation with the Office of
Management and Budget, shall implement accountability measures
that strongly protect the financial interest of the United
States. Finally, the conferees encourage EDA to use a portion
of the funds provided in this Act for programs authorized under
section 27 of the America COMPETES Act for science parks. The
conferees do not adopt the Senate's separate account line for
Regional Innovation Partnerships and instead encourage EDA to
support such activities from within the EAA program. In
addition, the conference agreement includes up to $1,000,000 to
support innovative, energy efficient grant programs for small
businesses. The conferees remind EDA to ensure that award
decisions are made at the regional level rather than at
headquarters, that award decisions reflect geographic equity
and that rural areas are among those chosen when awarding EDA
funding.
Base realignment and closure.--The conference agreement
does not adopt Senate language regarding base realignment and
closure matters.
SALARIES AND EXPENSES
The conference agreement includes $37,500,000 for EDA
salaries and expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The conference agreement includes $30,339,000 for the
Minority Business Development Agency.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The conference agreement includes $96,000,000 for the
Economics and Statistics Administration.
Bureau of the Census
The conference agreement includes $888,336,000 in direct
appropriations for the Bureau of the Census plus $55,000,000
from the Census Working Capital fund for a total program level
of $943,336,000.
SALARIES AND EXPENSES
The conference agreement includes $253,336,000 for the
salaries and expenses of the Bureau of the Census.
PERIODIC CENSUSES AND PROGRAMS
The conference agreement includes a total of $690,000,000
for periodic censuses and programs, including $635,000,000 in
direct appropriations and $55,000,000 from available Census
Working Capital Fund balances.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The conference agreement includes $45,568,000 for the
salaries and expenses of the National Telecommunications and
Information Administration (NTIA).
Spectrum interference issues.--The conferees adopt by
reference House report language regarding the Global
Positioning System and direct NTIA to report to the Committees
on Appropriations within 60 days of enactment of this Act.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
The conference agreement includes language making
recoveries and unobligated balances of funds previously
appropriated available for the administration of open grants.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement includes language making
available to the United States Patent and Trademark Office
(PTO) the full amount of fiscal year 2012 fee collections. The
conferees note that PTO has revised its fee estimates downward
twice since September 1, 2011, and now estimates that it will
collect $2,516,000,000 or $190,313,000 less than the
President's request of $2,706,313,000. The conference agreement
appropriates all PTO fees in accordance with section 42(c) of
title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (P. L. 112-29) and includes
language making available to the PTO any excess fee collections
above the amount appropriated, subject to section 505 reporting
requirements in this Act. The conference agreement does not
include a general provision carried in previous years
prohibiting funds to issue patents on claims directed to or
encompassing a human organism. This language is no longer
necessary as a similar permanent prohibition was enacted in the
Leahy-Smith America Invents Act.
National security concerns.--The conferees adopt by
reference House report language regarding the need to update
security procedures for patent applications that have national
security implications and direct PTO to report to the
Committees on Appropriations within 60 days of enactment of
this Act regarding practices currently used by third parties to
safeguard sensitive patent applications. This report shall
provide a framework for suggested improvements for security
standards used in the private sector.
Establishment of satellite offices.--The conferees
encourage PTO to establish satellite offices in areas that are
advantageous to both PTO and its customers.
National Institute of Standards and Technology
The conference agreement includes $750,824,000 for the
National Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $567,000,000 for NIST's
scientific and technical core programs, including $10,000,000
for a Cybersecurity Center of Excellence and $16,500,000 for
the National Strategy for Trusted Identities in Cyberspace. The
conferees do not adopt Senate language regarding specific
direction pertaining to greenhouse gas measurements but do
encourage NIST to pursue research in this area.
INDUSTRIAL TECHNOLOGY SERVICES
The conference agreement includes $128,443,000 for the
Hollings Manufacturing Extension Partnership Program.
CONSTRUCTION OF RESEARCH FACILITIES
The conference agreement includes $55,381,000 for NIST
construction. The conferees do not adopt House language
designating funds for ongoing construction projects but expect
NIST to continue to submit quarterly reports on the status of
all construction projects as directed by the Senate.
National Oceanic and Atmospheric Administration
The conference agreement includes a total of
$4,893,675,000 in discretionary funds for the National Oceanic
and Atmospheric Administration (NOAA). The conference agreement
does not establish a NOAA Climate Service as proposed by the
Senate.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes a total program level
of $3,139,329,000 under this account for the coastal,
fisheries, marine, weather, satellite and other programs of
NOAA. This total funding level includes: $3,022,231,000 in
direct appropriations; a transfer of $109,098,000 from balances
in the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' account; and $8,000,000
derived from recoveries of prior year obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The conference agreement
includes $465,662,000 for National Ocean Service operations,
research, and facilities. The conferees adopt by reference
Senate report language regarding Integrated Ocean and Coastal
Mapping but clarify that NOAA must ensure that proprietary and/
or commercially-important fisheries data is kept confidential
or is used only in aggregate datasets.
Response and Restoration.--The conferees adopt by
reference House report language regarding the funds NOAA
expects to receive from BP in response to the Deepwater Horizon
oil spill in the Gulf of Mexico and direct NOAA to submit a
spending plan to the Committees on Appropriations within 90
days of enactment of this Act. The conferees adopt by reference
House report language regarding the Gulf of Mexico Disaster
Response Center and direct NOAA to provide a report to the
Committees on Appropriations within 60 days of enactment of
this Act.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Navigation Services:
Mapping and Charting:
Mapping and Charting Base............................ $49,700
Hydrographic Research and Technology Development..... 7,305
Electronic Navigational Charts....................... 6,088
Shoreline Mapping.................................... 2,310
Address Survey Backlog/Contracts..................... 28,973
--------------
Subtotal, Mapping and Charting......................... 94,376
--------------
Geodesy:
Geodesy.............................................. 26,647
National Height Modernization........................ 2,495
--------------
Subtotal, Geodesy...................................... 29,142
--------------
Tide and Current Data:
Tide and Current Data................................ 27,530
--------------
Subtotal, Tide and Current Data........................ 27,530
--------------
Total, Navigation Services......................... 151,048
==============
Ocean Resources Conservation and Assessment:
Ocean Assessment Program:
Integrated Ocean Observing System (IOOS)............. 31,055
NOAA IOOS............................................ 6,595
Coastal Services Center.............................. 37,099
Coral Reef Program................................... 26,746
--------------
Subtotal, Ocean Assessment Program..................... 101,495
--------------
Response and Restoration:
Response and Restoration Base........................ 21,531
Estuary Restoration Program.......................... 1,000
Marine Debris........................................ 5,000
--------------
Subtotal, Response and Restoration..................... 27,531
--------------
National Centers for Coastal Ocean Science (NCCOS):
National Centers for Coastal Ocean Science........... 36,000
Competitive Research................................. 11,061
--------------
Subtotal, NCCOS........................................ 47,061
--------------
Total, Ocean Resources Conservation and Assessment. 176,087
==============
Ocean and Coastal Management:
Coastal Management:
CZM Grants........................................... 66,146
CZM and Stewardship.................................. 8,000
Regional Ocean Partnership Grants.................... 3,500
National Estuarine Research Reserve System........... 22,281
Marine Protected Areas............................... 2,000
Marine Sanctuary Program............................. 47,600
--------------
Total, Ocean and Coastal Management................ 149,527
==============
Undistributed Reduction.................................. (11,000)
==============
Total, National Ocean Service--ORF................. $465,662
------------------------------------------------------------------------
National Marine Fisheries Service (NMFS).--The conference
agreement includes $794,210,000 for NMFS operations, research,
and facilities.
Fisheries Research and Management.--The conference
agreement does not include Senate report language specifying
that priority shall be given to international Regional Fishery
Management Organizations but instead notes that resources are
provided for NMFS to update stock assessments and conduct
surveys in fisheries around the U.S. The conferees encourage
NMFS to engage the American lobster industry in conducting
research and surveys.
Infectious Salmon Anemia.--Not later than six months
after enactment of this Act, the National Aquatic Animal Health
Task Force shall submit to the Senate Committee on Commerce,
Science, and Transportation, the House Committee on Natural
Resources and the House and Senate Committees on Appropriations
a report assessing the risk Infectious Salmon Anemia poses to
wild Pacific salmon and the coastal economies which rely on
these fish. For this report, the Task Force shall establish
Infectious Salmon Anemia research objectives, in collaboration
with the Government of Canada, and Federal, State, and tribal
governments, including the Department of Fish and Wildlife of
Washington and the Department of Fish and Game of Alaska, to
assess: (1) the prevalence of Infectious Salmon Anemia in both
wild and aquaculture salmonid populations throughout Alaska,
Washington, Oregon, California, and Idaho; (2) genetic
susceptibility by population and species; (3) susceptibility of
populations to Infectious Salmon Anemia from geographic and
oceanographic factors; (4) potential transmission pathways
between infectious Canadian sockeye and uninfected salmonid
populations in United States waters; (5) management strategies
to rapidly respond to potential Infectious Salmon Anemia
outbreaks in both wild and aquaculture populations, including
securing the water supplies at conservation hatcheries to
protect hatchery fish from exposure to the Infectious Salmon
Anemia virus present in incoming surface water; (6) potential
economic impacts of Infectious Salmon Anemia; (7) any role
foreign salmon farms may have in spreading Infectious Salmon
Anemia to wild populations; (8) the identity of any potential
Federal, State, tribal, and international research partners;
(9) available baseline data, including baseline data available
from a collaborating entity; and (10) other Infectious Salmon
Anemia research priorities, as determined by the Task Force.
National Research Council review.--The conferees do not
adopt House report language regarding a National Research
Council review but instead direct NOAA to report to the
Committees on Appropriations and the appropriate authorizing
committees within 60 days of enactment of this Act regarding
appropriate efforts to address the concerns outlined in the
letter referenced in the House report.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Protected Species Research and Management:
Protected Species Research and Management Programs Base $39,850
Species Recovery Grants................................ 2,797
Marine Mammals......................................... 49,653
Marine Turtles......................................... 12,887
Other Protected Species (Marine Fish, Plants, and 7,038
Invertebrates)........................................
Atlantic Salmon........................................ 5,660
Pacific Salmon......................................... 58,566
--------------
Subtotal, Protected Species Research and Management...... 176,451
--------------
Fisheries Research and Management:
Fisheries Research and Management Programs............. 179,000
National Catch Share Program........................... 28,000
Expand Annual Stock Assessments / Improve Data 63,764
Collection............................................
Economics and Social Sciences Research................. 7,657
Salmon Management Activities........................... 37,451
Regional Councils and Fisheries Commissions............ 31,855
Fisheries Statistics................................... 23,224
Fish Information Networks.............................. 22,087
Survey and Monitoring Projects......................... 21,779
Fisheries Oceanography................................. 2,147
American Fisheries Act................................. 3,888
Interjurisdictional Fisheries Grants................... 1,157
National Standard 8.................................... 1,000
Reduce Fishing Impacts on Essential Fish Habitat....... 374
Reducing Bycatch....................................... 3,428
Product Quality and Safety............................. 6,212
--------------
Subtotal, Fisheries Research and Management.............. 433,023
--------------
Enforcement and Observers / Training:
Enforcement............................................ 66,825
Observers / Training................................... 41,074
--------------
Subtotal, Enforcement and Observers / Training........... 107,899
--------------
Habitat Conservation and Restoration:
Sustainable Habitat Management......................... 20,958
Fisheries Habitat Restoration.......................... 22,229
--------------
Subtotal, Habitat Conservation and Restoration........... 43,187
--------------
Other Activities Supporting Fisheries:
Antarctic Research..................................... 1,645
Aquaculture............................................ 5,593
Climate Regimes and Ecosystem Productivity............. 1,747
Computer Hardware and Software......................... 1,796
Cooperative Research................................... 11,000
Information Analyses and Dissemination................. 15,377
Marine Resources Monitoring, Assessment and Prediction 504
Program...............................................
National Environmental Policy Act...................... 6,467
NMFS Facilities Maintenance............................ 3,293
Regional Studies....................................... 10,228
--------------
Subtotal, Other Activities Supporting Fisheries.......... 57,650
--------------
Undistributed Reduction.................................. (24,000)
==============
Total, National Marine Fisheries Service--ORF............ $794,210
------------------------------------------------------------------------
Oceanic and Atmospheric Research.--The conference
agreement includes $376,575,000 for Oceanic and Atmospheric
Research operations, research, and facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Climate Research:
Laboratories and Cooperative Institutes................ $53,483
Climate Data and Information........................... 10,439
Competitive Research Program........................... 120,000
Climate Operations..................................... 911
--------------
Total, Climate Research.................................. 184,833
==============
Weather and Air Quality Research:
Laboratories and Cooperative Institutes:
Laboratories and Cooperative Institutes.............. 54,505
U.S. Weather Research Program........................ 4,273
Tornado Severe Storm Research / Phased Array Radar... 10,037
--------------
Total, Weather and Air Quality Research.................. 68,815
==============
Ocean, Coastal, and Great Lakes Research:
Laboratories and Cooperative Institutes:
Laboratories and Cooperative Institutes.............. 24,246
National Sea Grant College Program Base.............. 63,000
Ocean Exploration and Research....................... 26,200
Integrated Ocean Acidification....................... 6,359
--------------
Total, Ocean, Coastal, and Great Lakes Research.......... 119,805
==============
Info Tech R&D;:
High Performance Computing Initiatives................. 9,122
--------------
Total, Info Tech R&D.....................................; 9,122
==============
Undistributed Reduction.................................. (6,000)
==============
Total, Office of Oceanic and Atmospheric Research--ORF... $376,575
------------------------------------------------------------------------
National Weather Service (NWS).--The conference agreement
includes $903,098,000 for NWS operations, research, and
facilities. Within NOAA, the conference agreement prioritizes
funding for these core life and safety programs.
NWS Operations.--NOAA shall enter into a contract with an
independent organization with experience in assessing Federal
agencies for the purposes of evaluating efficiencies that can
be made to NWS operations. This review shall include
consultations with emergency managers and other user groups as
well as NWS employees. Any recommended efficiencies should not
result in any degradation of service to the communities served
by local forecast offices and River Forecast Centers, nor
should such recommendations place the safety of the public at
greater risk. This review shall not be undertaken until the
National Academy of Sciences completes its review of the NWS
modernization, which will include recommendations on the NWS
workforce and composition and how NWS can improve current
partnerships with Federal and non-Federal partners and
incorporate new technologies for improved services. The
findings and recommendations of the National Academy of
Sciences review should inform this new independent assessment.
National mesonet strategy and operations.--The conferees
modify Senate language regarding a national mesonet strategy
and operations and instead encourage NOAA to convene a peer-
reviewed study to create a national mesonet program plan within
NOAA with recommendations for implementation as appropriate.
The conference agreement includes $12,000,000 for the
competitive procurement of data to continue the National
Mesonet Program, but does not provide specific funding amounts
for mesonet activities as directed by the Senate. Instead, the
conferees encourage NOAA to support proposals that can improve
forecasting of severe weather within local NWS field offices
and can achieve effective collaboration among disparate network
operators to promote NOAA's objective of a weather ready
nation. NOAA is encouraged to continue competitive programs in
this area and to include funding for these activities in
subsequent budget requests as appropriate.
Flood forecasts.--The conference agreement does not adopt
Senate language directing NOAA to enter into formal agreements
with river commissions but does provide increased funding for
flood forecasts and encourages NOAA to collaborate with river
commissions to continue efforts to ensure that critical data is
coordinated and used to provide accurate and timely flood
forecasts.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Local Warnings and Forecasts:
Local Warnings and Forecasts........................... $641,343
Air Quality Forecasting................................ 5,445
Data Buoys............................................. 1,683
Sustain Cooperative Observer Network................... 1,871
National Mesonet Network............................... 12,000
NOAA Profiler Network.................................. 4,841
Strengthen U.S. Tsunami Warning Network................ 23,541
Pacific Island Compact................................. 3,715
--------------
Subtotal, Local Warnings and Forecasts............. 694,439
--------------
Operations and Research:
Advanced Hydrological Prediction Services.............. 8,199
Aviation Weather....................................... 21,538
WFO Maintenance........................................ 7,446
Weather Radio Transmitters............................. 2,297
Central Forecast Guidance.............................. 80,771
--------------
Subtotal, Operations and Research.................. 120,251
--------------
Total, Local Warnings and Forecasts, Operations 814,690
and Research....................................
==============
Systems Operation and Maintenance:
NEXRAD................................................. 46,748
Automated Surface Observing Systems.................... 11,302
Advanced Weather Interactive Processing System......... 39,846
NWS Telecommunication Gateway / CIP.................... 5,512
--------------
Total, Systems Operation and Maintenance........... 103,408
==============
Undistributed Reduction.................................. (15,000)
==============
Total, National Weather Service--ORF............... $903,098
------------------------------------------------------------------------
National Environmental Satellite, Data and Information
Service.--The conference agreement includes $180,323,000 for
National Environmental Satellite, Data and Information Service
(NESDIS) operations, research and facilities. The conferees
provide $68,750,000 for Data Centers and Information Services,
of which $7,000,000 shall be for Regional Climate Services and
$4,600,000 is for the National Coastal Data Development Center.
Satellite outyear cost estimates.--The conferees include
new bill language limiting an amount of Operations, Research,
and Facilities funding until the NOAA Administrator provides
the Committees on Appropriations with revised and detailed
lifecycle costs of all satellite programs.
NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Satellite Command and Control........................ $39,970
NOAA Satellite Operations Facility Operations........ 7,944
--------------
Subtotal, Satellite Command and Control................ 47,914
--------------
Product Processing and Distribution:
Product Processing and Distribution.................. 36,041
--------------
Subtotal, Product Processing and Distribution.......... 36,041
--------------
Product Development, Readiness and Application:
Product Development, Readiness and Application....... 20,771
Product Development, Readiness and Application (Ocean 4,023
Remote Sensing).....................................
Joint Center / Accelerate Use of Satellites.......... 3,358
--------------
Subtotal, Product Development, Readiness and 28,152
Application...........................................
--------------
Commercial Remote Sensing Licensing and Enforcement.... 1,308
Office of Space Commercialization...................... 653
Group on Earth Observations............................ 505
--------------
Total, Environmental Satellite Observing Systems......... 114,573
--------------
Data Centers and Information Services.................... 68,750
--------------
Undistributed Reduction.................................. (3,000)
==============
Total, NESDIS--ORF....................................... $180,323
------------------------------------------------------------------------
Program Support.--The conference agreement includes
$419,461,000 for Program Support.
NOAA facilities.--The conferees support the requested
level for ``NOAA Construction'' proposed within the NOAA
``Procurement, Acquisition and Construction'' account but
instead provide this funding within the NOAA Facilities line as
this request is for salaries and expenses (S&E;) costs and not
construction. NOAA shall request future S&E; funding associated
with construction within the ``Operations, Research, and
Facilities'' account. The conferees clarify Senate report
language regarding the NOAA Pacific Regional Center in that the
conferees understand that NOAA is in the process of building an
accompanying child development facility at the NOAA Pacific
Regional Center using previously appropriated funds.
PROGRAM SUPPORT
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Corporate Services:
Under Secretary and Associate Offices Base............. 27,474
Facilities............................................. 24,500
NOAA-Wide Corporate Services and Agency Management Base 115,561
DOC Accounting System.................................. 10,200
Payment to the DOC Working Capital Fund................ 41,944
IT Security............................................ 11,059
--------------
Total, Corporate Services................................ 230,738
--------------
NOAA Education Programs:
Competitive Educational Grants and Programs............ 31,540
Competitive Educational Grants....................... (8,040)
Ocean Education Partnerships....................... (2,500)
Geographic Literacy................................ (2,000)
Education Partnership Program--Minority Serving (14,300)
Institutions........................................
BWET................................................. (7,200)
--------------
Subtotal, Corporate Services and Education............... 262,278
==============
Marine and Aviation Operations and Maintenance:
Marine Services:
Marine Data Acquisition.............................. 129,740
Fleet Planning and Maintenance:
Fleet Planning and Maintenance....................... 22,035
--------------
Subtotal, Fleet Planning and Maintenance............... 22,035
--------------
Subtotal, Marine Operations and Maintenance.............. 151,775
==============
Aviation Operations:
Aircraft Services...................................... 29,358
--------------
Subtotal, Aviation Operations............................ 29,358
--------------
Subtotal, Marine and Aviation Operations and Maintenance-- 181,133
ORF.....................................................
==============
Undistributed Reduction.................................. (23,950)
==============
Total, Program Support--ORF.............................. $419,461
------------------------------------------------------------------------
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The conference agreement includes a total program level
of $1,825,094,000 in direct obligations under this heading, of
which $1,817,094,000 is appropriated from the general fund and
$8,000,000 is derived from recoveries of prior year
obligations. The following narrative description and table
identifies the specific activities and funding levels included
in this Act:
Joint Polar Satellite System (JPSS).--The conferees adopt
by reference all House and Senate report language regarding
JPSS with the exception of Senate report language regarding a
lifecycle cost cap. Instead, the conferees direct NOAA to
provide outyear funding estimates for this program prior to
submission of the fiscal year 2013 budget request. The
conferees note that new bill language is included in NOAA's
Operations, Research, and Facilities account which limits the
amount of funds that NOAA may obligate pending submission of a
revised spend plan for JPSS and NOAA's other satellite
programs. Further, the conferees direct NOAA to outline a
framework for developing a compensation policy that would
enable NOAA to be reimbursed as appropriate for the use of
specialized data products derived from NOAA satellite imagery
and data.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
National Ocean Service:
CELCP Acquisition:
Coastal and Estuarine Land Conservation Program...... $5,000
--------------
Subtotal, NOS Acquisition.............................. 5,000
--------------
NERRS Construction:
National Estuarine Research Reserve Construction 1,690
(NERRS).............................................
--------------
Subtotal, NERRS Construction........................... 1,690
--------------
Marine Sanctuaries Construction:
Marine Sanctuaries Base.............................. 5,495
--------------
Subtotal, Marine Sanctuary Construction................ 5,495
--------------
Subtotal, NOS Construction............................. 7,185
--------------
Total, National Ocean Service--PAC....................... 12,185
==============
Oceanic and Atmospheric Research:
Systems Acquisition:
Research Supercomputing/CCRI......................... 10,358
--------------
Subtotal, OAR Systems Acquisition...................... 10,358
--------------
Total, Oceanic and Atmospheric Research--PAC............. 10,358
==============
National Weather Service:
Systems Acquisition:
ASOS................................................. 1,635
AWIPS................................................ 24,364
NEXRAD............................................... 5,819
NWSTG Legacy Replacement............................. 1,195
Radiosonde Network Replacement....................... 4,014
Weather and Climate Supercomputing................... 40,169
Cooperative Observer Network Modernization (NERON)... 3,727
Complete and Sustain NOAA Weather Radio.............. 5,594
NOAA Profiler Conversion............................. 5,480
--------------
Subtotal, NWS Systems Acquisition...................... 91,997
--------------
Construction:
WFO Construction..................................... 3,150
--------------
NWS WFO Construction................................... 3,150
--------------
Total, National Weather Service--PAC..................... 95,147
==============
National Environmental Satellite, Data, and Information
Service:
Systems Acquisition:
Geostationary Systems--N............................. 33,967
Geostationary Systems--R............................. 617,390
Polar Orbiting Systems--POES......................... 34,632
JASON-3.............................................. 20,000
Joint Polar Satellite System (formerly NPOESS)....... 924,014
DSCOVR............................................... 30,100
EOS and Advanced Polar Data Processing............... 990
CIP--single point of failure......................... 2,772
Comprehensive Large Array Data Stewardship System 6,476
(CLASS).............................................
NPOESS Preparatory Data Exploitation................. 4,455
Restoration of Climate Sensors....................... 28,880
--------------
Subtotal, NESDIS Systems Acquisition................... 1,703,676
--------------
Construction:
Satellite CDA Facility............................... 2,228
--------------
Subtotal, NESDIS Construction.......................... 2,228
--------------
Total, National Environmental Satellite, Data, and 1,705,904
Information Service--PAC................................
==============
Office of Marine and Aviation Operations:
OMAO--Fleet Replacement:
Fleet Capital Improvements and Tech Infusion......... 11,100
New Vessel Construction.............................. 1,400
--------------
Subtotal, OMAO Fleet Replacement....................... 12,500
--------------
Total, Office of Marine and Aviation Operations--PAC..... 12,500
==============
Undistributed Reduction.............................. (11,000)
==============
GRAND TOTAL, PAC......................................... $1,825,094
------------------------------------------------------------------------
PACIFIC COASTAL SALMON RECOVERY
The conference agreement includes $65,000,000 for Pacific
Coastal Salmon Recovery.
FISHERMEN'S CONTINGENCY FUND
The conference agreement includes $350,000 for the
Fishermen's Contingency Fund.
FISHERIES FINANCE PROGRAM ACCOUNT
The conference agreement includes language under this
heading limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $59,000,000 for traditional
direct loans.
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $57,000,000 for
Departmental Management salaries and expenses.
Cybersecurity.--The conferees adopt House and Senate
report language regarding establishment of a cybersecurity
center and expect that each bureau will contribute a pro-rated
amount as directed by the House and that a portion of funds
realized from data center consolidation will be used in the
effort as directed by the Senate.
Cyber-espionage.--The conferees adopt by reference House
report language regarding certification of information
technology systems but include this reporting requirement as a
new general provision in title V of this Act. The Secretary
shall report to the Committees on Appropriations on all such
determinations, and the process used to arrive at such
determinations, on a quarterly basis beginning 30 days
following the second quarter of fiscal year 2012.
Travel reports.--In lieu of the House report language
regarding travel of ITA employees the conferees instead expand
this language as a Department-wide general provision in this
title and direct the Secretary to provide monthly reports to
the Committees on Appropriations, beginning with October 1,
2011, data, including separate breakouts of funding by bureau,
the number of trips, and purposes of travel to China. The
conferees expect the first such monthly report to be provided
within 30 days of enactment of this Act and within 30 days of
the end of each subsequent month.
Cooperatives.--The conferees adopt by reference House
report language regarding cooperatives and clarify that the
language shall be interpreted as referring to business
cooperatives.
RENOVATION AND MODERNIZATION
The conference agreement includes $5,000,000 for
continuing renovation activities at the Herbert C. Hoover
Building.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $26,946,000 for the
Office of Inspector General. The conferees adopt Senate
language transferring $1,000,000 each from the Bureau of the
Census, the PTO and the NOAA PAC account for audits and reviews
of these programs.
General Provisions--Department of Commerce
(INCLUDING RESCISSION)
The conferees adopt the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department salaries
and expenses available for hire of passenger motor vehicles,
for services, and for uniforms and allowances as authorized by
law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides that any costs incurred by the
Department in response to funding reductions shall be absorbed
within the total budgetary resources available to the
Department and shall be subject to the reprogramming
limitations set forth in this Act.
Section 105 updates Congressional notification
requirements for NOAA satellite programs.
Section 106 provides for reimbursement for services
within Department of Commerce buildings.
Section 107 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 108 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
(RESCISSION)
Section 109 rescinds all balances in the Coastal Zone
Management Fund.
Section 110 establishes a fisheries enforcement asset
forfeiture fund.
Section 111 establishes a sanctuaries enforcement asset
forfeiture fund.
Section 112 establishes a reporting requirement requiring
Commerce to provide a monthly report on any official travel to
China by any Commerce employee.
Section 113 includes a provision regarding the Convention
for the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean.
TITLE II--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conference agreement includes $110,822,000 for
General Administration, Salaries and Expenses.
Terrorism.--The conferees are concerned that the lack of
a current policy on terrorist detention may be a disincentive
to the capture and interrogation of terrorist suspects, thereby
depriving the Department of Justice (DOJ) and other agencies of
critical intelligence that could inform and improve
counterterrorism efforts. The conferees note that the Attorney
General co-chaired the Special Interagency Task Force on
Detainee Disposition that was tasked with reviewing policies
for the detention of individuals captured or apprehended in
connection with armed conflicts and counterterrorism
operations. The conferees direct the Department, in
consultation with other appropriate Federal agencies, to
provide to the Committees on Appropriations, not later than 120
days after the enactment of this Act, an unclassified report on
U.S. detention policy, including the legal basis for such
policy, as it applies to current and future terrorism
detainees. If appropriate, such report may be accompanied by a
classified annex.
Prison Rape Elimination Act (PREA).--The conferees affirm
language in the House report directing the Department to
publish, as soon as possible, a final rule adopting national
standards for the detection, prevention, reduction and
punishment of prison rape, as mandated by the PREA. Upon
adoption of the national standards, the Committees on
Appropriations will further examine how the Department will
continue efforts to provide assistance in the form of training,
technical assistance and implementation grants to assist State,
local and tribal jurisdictions in achieving compliance with
PREA national standards.
With respect to auditing PREA compliance, the conferees
strongly encourage the Department to follow the recommendations
of the PREA Commission for the reasons outlined in the House
report. In addition, the conferees concur with the Commission's
proposed standard requiring correctional facilities to make use
of cost-effective and appropriate monitoring technologies.
Obscenity enforcement.--The conferees note the concern
expressed in the House report regarding the Department's
incorporation of the responsibilities of the Obscenity
Prosecution Task Force into the Child Exploitation and
Obscenity Section of the Criminal Division. The conferees
support the work of the Department in investigating and
prosecuting major producers and distributors of hardcore adult
pornography that meets the test for obscenity, as defined by
the Supreme Court, and expect that the responsibilities that
had been assigned to the Task Force will not be diminished by
this reorganization. The conferees direct the Department to
submit a report not later than 120 days after the enactment of
this Act on its adult obscenity investigation and prosecution
workload statistics and accomplishments, including a comparison
of workload statistics and accomplishments during the existence
of the Obscenity Prosecution Task Force, and in the period of
time following its incorporation into the Child Exploitation
and Obscenity Section of the Criminal Division.
Gulf Cost Claims Facility (GCCF).--The conference
agreement includes language under section 220 requiring that
the Department identify an independent auditor to carry out an
evaluation of the GCCF. This evaluation should include
assessments of matters such as the claims determination
methodologies employed by the GCCF and the qualifications of
its personnel. The conferees encourage the Department to
consult with the Government Accountability Office (GAO) in
identifying an auditor.
International Organized Crime (IOC) strategy.--The
conferees support the Department's goal of disrupting and
dismantling international criminal organizations that pose the
greatest threat to the United States. Given current and
anticipated future budget constraints, however, it will be
difficult for the Department to set aside funding to expand and
enhance the IOC Intelligence and Operations Center (IOC-2), the
Organized Crime Council Program Support Office, and IOC
resources from other Justice components without impacting
staffing levels. If the IOC initiative continues to be a
priority in future requests, the Department should develop a
strategy for funding this program somewhere other than the
executive leadership budget.
Tribal consultation.--The conferees are aware that the
Department continues to develop its formal strategy on how to
enhance public safety in Indian country. Not later than 120
days after the enactment of this Act, the Attorney General
shall provide the Committees on Appropriations a report on how
DOJ will use the tribal consultation process to further
streamline and coordinate programs and funding opportunities
for Native Americans, both within DOJ and with relevant
programs of the Department of the Interior.
Violence against law enforcement personnel.--The
conferees are concerned about spikes in ambush-style assaults
that have taken the lives of law enforcement officers in recent
months. The conference agreement includes funds under the State
and Local Law Enforcement Assistance account for the Preventing
Violence Against Law Enforcement and Ensuring Officer
Resilience and Survivability Initiative (VALOR), a program
designed to improve officer resilience and survivability. The
conferees encourage the Department to make available this type
of training for Federal law enforcement officers to further
enhance the ability of these officers to anticipate and survive
a violent encounter.
Spending plans.--The conferees direct the Department to
include in its spending plan for fiscal year 2012 a plan for
the use of all funding available under this heading, by
decision unit and office.
NATIONAL DRUG INTELLIGENCE CENTER
The conference agreement includes $20,000,000 for the
National Drug Intelligence Center (NDIC). The conferees expect
that the funds provided will be used only for necessary
expenses related to the closing of the NDIC and the
reassignment of functions performed at NDIC to other entities
if the continuation of such functions is determined to be
necessary by the Attorney General. The conferees direct the
Department to submit to the Committees on Appropriations, not
later than 120 days after the enactment of this Act, a detailed
report of its plans regarding the closure of NDIC. The
Department should give priority to solutions that minimize the
cost to the Government and disruptions to critical counterdrug
and intelligence activities.
JUSTICE INFORMATION SHARING TECHNOLOGY
The conference agreement includes $44,307,000 for Justice
Information Sharing Technology.
Cybersecurity.--The conferees encourage the Department to
prioritize, within the funds provided, efforts to defend
proactively against and respond to cyber threats and attacks
against DOJ's networks.
TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS
The conference agreement includes $87,000,000 for
Tactical Law Enforcement Wireless Communications.
The conferees expect DOJ to utilize full and open
contracting procedures to the greatest extent possible as it
endeavors to migrate from its legacy wideband systems to a
standards-based mobile radio system. If the Department
determines that it is necessary to award a sole source contract
related to this migration, the Department shall report to the
Committees on Appropriations on the justification for such
action.
The conferees direct the Department to submit a report
not later than 120 days after the enactment of this Act to the
Committees on Appropriations on the Department's plan for
moving forward with the Integrated Wireless Network (IWN)
initiative. This plan should identify alternative funding
sources and funding options for the provision, deployment,
maintenance and operation of a wireless network that addresses
security vulnerabilities, improves system reliability, and
achieves interoperability with other law enforcement and
emergency responder radio infrastructure systems.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $305,000,000 for the
Executive Office for Immigration Review (EOIR) and the Office
of the Pardon Attorney.
Legal Orientation Program (LOP).--The conferees expect
that EOIR will continue its highly successful LOP. Apprehended
individuals benefit from better information about immigration
removal proceedings, and U.S. taxpayers benefit from reduced
detention costs resulting from a more efficient legal process.
The conferees encourage EOIR to dedicate funds to the LOP, as
necessary and available, to ensure the continuation of this
program. In addition, the conferees expect EOIR to seek alien-
specific detention costs and duration of detention data from
Immigration and Customs Enforcement in order to develop a more
accurate estimate of the cost savings to the Federal Government
provided by participation in the LOP. The conferees direct EOIR
to submit a report to the Committees on Appropriations
providing such data, as well as an estimate of the cost savings
generated by the LOP, not later than 120 days after the
enactment of this Act.
Immigration and border initiatives.--If additional funds
are needed to support EOIR's role in immigration and border
initiatives, the conferees urge the Department to submit a
reprogramming request in fiscal year 2012 that would reallocate
funds from lower priority programs to meet such needs.
DETENTION TRUSTEE
The conference agreement includes $1,580,595,000 for the
Office of the Federal Detention Trustee (OFDT).
The conferees are aware that OFDT's resource needs are
directly impacted by law enforcement and prosecutorial
priorities, such as increases in immigration enforcement by the
Department of Homeland Security and efforts to combat drug and
gun smuggling along the Southwest Border. However, the
conferees remain concerned about the Department's ability to
anticipate the true funding needs for this account. The
conferees expect OFDT to keep the Committees on Appropriations
apprised of changes in average daily population forecasts so
that resource requirements for fiscal year 2012 and beyond can
be verified and refined, particularly with regard to the
impacts of law enforcement initiatives on the Southwest Border.
The conferees direct OFDT to resume providing quarterly reports
to the Committees on Appropriations, which shall include the
actual number of individuals in the detention system, the
projected number of individuals in the detention system and the
annualized associated costs.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $84,199,000 for the
Office of Inspector General (OIG).
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $12,833,000 for the
salaries and expenses of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $863,367,000 for
General Legal Activities.
Human trafficking.--The conferees direct the Department
to maintain funding for the Human Trafficking and Slavery
Prosecution Unit (HTSPU) in the Civil Rights Division at not
less than the fiscal year 2011 funding level to continue
efforts to fight human trafficking and slavery.
Human rights crimes.--The conferees remain concerned
about the large number of suspected human rights violators from
foreign countries who have found safe haven in the United
States, and direct the Criminal Division to continue its
efforts to investigate and prosecute perpetrators of serious
human rights crimes, including genocide, torture, use or
recruitment of child soldiers, and war crimes. For this
purpose, the conferees direct the Department to provide not
less than the fiscal year 2011 funding level for attorneys,
analysts, and support personnel in the Criminal Division to
investigate and prosecute individuals who violate Federal laws
regarding serious human rights abuses.
VACCINE INJURY COMPENSATION TRUST FUND
The conference agreement includes a reimbursement of
$7,833,000 for DOJ expenses associated with litigating cases
under the National Childhood Vaccine Injury Act of 1986 (Public
Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement includes $159,587,000 for the
Antitrust Division. This appropriation is offset by
$108,000,000 in pre-merger filing fee collections, resulting in
a direct appropriation of $51,587,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,960,000,000 for the
Executive Office for United States Attorneys (EOUSA) and the 94
United States Attorneys' offices.
Human trafficking.--The conference agreement includes
language directing each U.S. Attorney to establish or
participate in a U.S. Attorney-led human trafficking task
force. In instances where it may be preferable, due to
geographical or other considerations, to operate joint human
trafficking task forces, joint task forces representing no more
than two U.S. Attorneys' offices will satisfy the requirement.
The conferees direct such task forces to engage law
enforcement, elected leadership, civic and faith-based groups
and to convene quarterly, working-level meetings where Federal,
State and local law enforcement are represented. Task force
meetings should focus specifically on combating human
trafficking, with an emphasis on undertaking proactive
investigations. Such investigations shall include, for example,
the investigation of persons or entities facilitating
trafficking in persons through the use of classified
advertising on the Internet. The conferees also direct the
Department to submit an annual report to the Committees on
Appropriations regarding the work of these task forces. This
report shall detail the range of efforts by the task forces,
and include information on the use of classified advertising on
the Internet to facilitate trafficking and a description of
policies and task force actions that respond to such practices.
The conferees further direct the EOUSA, in consultation
with each U.S. Attorney, to designate a point of contact in
each U.S. Attorney's office who shall serve as the coordinator
for all activities within that office concerning human
trafficking and slavery matters covered by the Trafficking
Victims Protection Act.
In addition, the conferees adopt language in the House
report directing the Department to undertake outreach efforts
in the form of public notices, such as newspaper
advertisements, in ethnic communities in the U.S., the home
countries of which represent the top ten countries with regard
to the prevalence of human trafficking activities and to report
to the Committees on Appropriations regarding such outreach
efforts.
Intellectual property rights (IPR) enforcement.--The
conferees expect the Department to continue to make IPR
enforcement an investigative and prosecutorial priority for
Federal prosecutors. The conferees direct the Department to
provide to the Committees on Appropriations a report on the
activities of its Assistant U.S. Attorneys dedicated to
investigating intellectual property crimes pursuant to and
authorized under section 402 of the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law
110-403).
Adam Walsh Act implementation.--The conferees expect the
EOUSA to continue to focus on investigations and prosecutions
related to the sexual exploitation of children, as authorized
by the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248). The conference agreement includes not
less than $41,000,000 for these purposes in fiscal year 2012.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement includes $223,258,000 for the
United States Trustee Program (USTP). The appropriation is
fully offset by fee collections.
Debtor audits.--The conferees expect the USTP to make
debtor audits a priority and delineate, in the Department's
fiscal year 2012 spending plan, the allocation of funds for
debtor audits.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement includes $2,000,000 for the
Foreign Claims Settlement Commission.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $270,000,000 for Fees
and Expenses of Witnesses.
Expert witnesses.--Within funds provided, the conference
agreement includes the requested $92,000,000 to respond to the
increased need for expert witnesses among the litigating
divisions and the U.S. Attorneys' offices. The conferees expect
that no funds will be expended for expert witness services from
any DOJ accounts except Fees and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement includes $11,456,000 for the
Community Relations Service.
ASSETS FORFEITURE FUND
The conference agreement includes $20,948,000 for the
Assets Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The conference agreement includes $1,174,000,000 for the
salaries and expenses of the United States Marshals Service
(USMS).
Spending plan.--The conferees expect that the USMS will
include in its fiscal year 2012 spending plan a strategy for
how it will approach mandatory protective services, as well as
how it will respond to critical law enforcement requirements
and congressional mandates to address violent crime reduction,
enforce the Adam Walsh Act and combat Southwest Border
violence. To help remedy possible funding shortfalls, the
conferees encourage the USMS to continue exploring and
utilizing new technological capabilities in order to further
ensure the fair and efficient administration of justice. If
additional funds are needed to support the USMS' Adam Walsh Act
enforcement mission, the conferees urge the Department to
submit a reprogramming request in fiscal year 2012 that would
reallocate funds from lower priority programs to meet such
needs.
CONSTRUCTION
The conference agreement includes $15,000,000 for
construction and related expenses in space controlled, occupied
or utilized by the USMS for prisoner holding and related
support.
National Security Division
SALARIES AND EXPENSES
The conference agreement includes $87,000,000 for the
salaries and expenses of the National Security Division.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement includes $527,512,000 for the
Organized Crime and Drug Enforcement Task Forces (OCDETF).
Southwest Border.--The conferees expect OCDETF to
prioritize the continuation of support for Assistant U.S.
Attorney positions and collocated Strike Forces in the
Southwest Border region, and to submit a report to the
Committees on Appropriations not later than 90 days after the
enactment of this Act showing the current and planned
distribution of personnel, by bureau, to each of the collocated
Strike Forces.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes $8,036,991,000 for the
salaries and expenses of the Federal Bureau of Investigation
(FBI). The conference agreement incorporates language in the
House report on analytic career path training, the Safe
Streets/Safe Trails Task Force program, the continuation of
positions for Southwest Border law enforcement, the nationwide
file inventory program, and the continuation of positions for
the investigation of white collar and financial crime.
Computer intrusions.--In recognition of the FBI's unique
cyber-related authorities and expertise, the conference
agreement includes at least the full request, an increase of
$18,628,000 and 42 positions, including 14 special agents,
above the fiscal year 2011 enacted level to further the
Bureau's investigatory, intelligence gathering and
technological capabilities to address malicious cyber
intrusions and protect critical infrastructure in the United
States from cyber attacks. The conferees direct the FBI to
produce an annual national cyber threat assessment, in both
classified and unclassified versions, and submit such report to
the Committees on Appropriations not later than 120 days after
the enactment of this Act.
National security.--The conference agreement includes
program increases totaling $48,870,000 as described in the
House report. The conferees direct the FBI to submit a report
to the Committees on Appropriations not later than 120 days
after the enactment of this Act detailing the research
activities conducted under the auspices of the High-value
Detainee Interrogation Group, the results of such research, and
any recommendations for the development of new techniques.
Electronic surveillance.--The conference agreement
incorporates language in the House report related to increases
provided to improve lawful electronic surveillance
capabilities. The conference agreement does not include
language in the Senate report directing a percentage of these
funds to be used for Special Surveillance Groups.
Render Safe.--The conference agreement includes a program
increase of $40,000,000 and 13 positions to support the
acquisition and refurbishment of two aircraft to carry out the
Render Safe mission. The conferees note that the Senate had
approved the use of previously appropriated funding for this
same purpose. The FBI shall submit a report to the Committees
on Appropriations not later than 120 days after the enactment
of this Act on the plan for Render Safe procurement.
Trafficking in persons.--The conferees agree that, within
the funding provided, the FBI shall increase activities related
to the investigation of severe forms of trafficking in persons.
The FBI shall submit a report to the Committees on
Appropriations not later than 120 days after the enactment of
this Act on agent utilization and overall staff resources
dedicated to trafficking investigations in fiscal years 2010,
2011 and 2012. In addition, the conferees expect the FBI to
share trafficking case information on an ongoing basis with
other law enforcement agencies and task forces working similar
cases. The conferees agree that funds shall be used for
conducting investigations into trafficking and slavery and
providing victim witness coordinators on an emergency basis
when needed.
IPR enforcement.--The conferees agree that the FBI shall
continue to prioritize the investigation of IPR cases and
coordinate with IPR units at the U.S. Attorneys and the
Criminal Division. The FBI shall submit a report, not later
than 120 days after the enactment of this Act, on agent
utilization and overall staff resources dedicated to
investigating intellectual property cases, and an accounting of
the agents placed in specific field offices since fiscal year
2010.
DNA programs.--The conferees encourage the FBI to
undertake activities to facilitate familial DNA searches of the
Combined DNA Index System database of convicted offenders and
work with the National DNA Index System (NDIS) Procedures Board
to consider the establishment of procedures allowing familial
searches only for serious violent and sexual crimes where other
investigative leads have been exhausted. The procedures should
provide appropriate protections for the privacy rights of those
in the NDIS database.
Sentinel.--The conferees continue to monitor closely
Sentinel, the FBI's information and investigation case
management system, and remain understandably concerned about
Sentinel's development. The FBI shall adhere to the language
included in the House report regarding the expectation that the
FBI will continue all necessary periodic oversight reviews in
accordance with recommendations of the Inspector General, and
in the Senate report regarding the prohibition on spending
anything in excess of $451,000,000 on Sentinel without first
providing notification to the Committees on Appropriations and
developing a work breakdown structure. In addition, the
conference agreement includes language under section 213
requiring the Attorney General to submit to the Committees on
Appropriations a report containing a cost and schedule estimate
for the final operating capability of the Sentinel program, and
a detailed list of the functionalities included in the final
operating capability. The FBI shall submit this report
concurrently to the Department's OIG for review and comment.
Criminal alien identification.--The conferees direct the
FBI to submit a report to the Committees on Appropriations, not
later than 120 days after the enactment of this Act, detailing
the FBI's participation in Federal interagency information
sharing efforts to identify criminal aliens.
Cyber training for field agents.--The conferees agree
that, within funds provided, the FBI shall expand training for
FBI cyber agents involved in national security intrusions
cases. Such training should focus on increasing the number of
agents qualified to understand current techniques and tactics
used by those engaged in illicit cyber activities, and respond
to shortfalls identified by the DOJ OIG.
Criminal Justice Information Services Division.--The
conference agreement includes the full requested amount of
appropriated funds and user fees for the Criminal Justice
Information Services Division.
Human rights violations.--The conferees direct the FBI to
increase efforts to investigate and support DOJ's criminal
prosecution of serious human rights crimes committed by foreign
nationals who are in the United States.
Liaison partnerships.--The conferees support the FBI's
policy prohibiting any formal non-investigative cooperation
with unindicted co-conspirators in terrorism cases. The
conferees expect the FBI to insist on full compliance with this
policy by FBI field offices and to report to the Committees on
Appropriations regarding any violation of the policy.
CONSTRUCTION
The conference agreement includes $80,982,000 for FBI
Construction.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes a direct appropriation
of $2,025,000,000 for the salaries and expenses of the Drug
Enforcement Administration (DEA). In addition, the DEA expects
to derive $322,000,000 from fees deposited in the Diversion
Control Fund to carry out the Diversion Control Program. The
conference agreement does not include language in the House
report on synthetic drugs.
Afghanistan operations.--The conference agreement
incorporates language in the House report regarding DEA's
Afghanistan operations. The conferees direct the DEA to report
to the Committees on Appropriations, not later than 30 days
after enactment of this Act, on DEA's planned presence and
operations activities in Afghanistan, expected transfers of
funding from other Departments or agencies, and DEA's direct
appropriations requirements for such activities.
Field staffing.--The conference agreement incorporates
language in the House report concerning a reporting requirement
on personnel vacancy rates. The conferees agree that the DEA
shall provide such report to the Committees on Appropriations
not later than 120 days after the enactment of this Act.
CONSTRUCTION
The conference agreement includes $10,000,000 for DEA
Construction. The conferees expect this funding level to
support an expansion of the El Paso Intelligence Center
facility to accommodate approximately 100 additional staff.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The conference agreement includes $1,152,000,000 for the
salaries and expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF). The conference agreement also
includes language permanently prohibiting the Department from
consolidating or centralizing the records of the acquisition
and disposition of firearms maintained by firearms dealers and
permanently prohibiting the Department from electronically
retrieving information provided to the Attorney General by
firearms dealers that have gone out of business.
Operation Fast and Furious.--The conferees are concerned
by allegations that ATF mismanaged a U.S.-Mexico border
operation known as Fast and Furious, and expect that the
Department's OIG, to which the investigation of this matter has
been referred by the Attorney General, will fulfill its
oversight duties by conducting a thorough investigation. The
conferees expect the Department and ATF to cooperate fully with
all oversight investigations into Operation Fast and Furious--
whether by the OIG, an independent, government-appointed
investigator, or Congress--by promptly and thoroughly
responding to all requests for information regarding this
matter.
Furthermore, the conferees are aware that the Attorney
General has instructed, and subsequently reiterated, that
Department law enforcement personnel are not knowingly to allow
any firearms to be illegally transported into Mexico for any
reason. Finally, the conferees note that Operation Fast and
Furious is but a small part of ATF's extensive operations along
the Southwest Border and should not detract from ATF's efforts
to protect Americans from illegal firearms trafficking, gun
violence, and parallel drug and human trafficking across the
U.S.-Mexico border and into the Nation's interior.
United States-Mexico firearms trafficking.--Beginning in
fiscal year 2012 and thereafter, the ATF shall provide the
Committees on Appropriations with annual data on the total
number of firearms recovered by the Government of Mexico, and
of those, the number for which an ATF trace is attempted, the
number successfully traced and the number determined to be
manufactured in or imported into the United States prior to
being recovered in Mexico.
National Integrated Ballistic Information Network
(NIBIN).--The conferees continue to support the NIBIN,
including the significant investment made by State and local
law enforcement partners to build the current NIBIN database.
The conferees believe that ATF should move expeditiously to
ensure that ballistic imaging technology is routinely
refreshed, upgraded and deployed to State and local law
enforcement. The conferees urge ATF to prioritize the upgrading
and replacement of aging ballistic imaging equipment in its
fiscal year 2012 operating plan and in future budget requests.
ATF should ensure upgrades and replacements maximize and
protect the resources invested by State and local law
enforcement.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $6,551,281,000 for the
salaries and expenses of the Federal Prison System.
Activations and expansions.--The conference agreement
includes funds for the commencement or completion of activation
of new prison facilities constructed by the Bureau of Prisons
(BOP). The conferees expect BOP to make adherence to the
activation schedule for these prisons, as detailed in BOP's
fiscal year 2012 budget submission, a top priority, and to
immediately notify the Committees on Appropriations of any
changes to this schedule. In addition, as part of the
Department's fiscal year 2012 spending plan, BOP shall include
the allocation of funds by decision unit.
Radicalization in Federal prisons.--The conference
agreement incorporates language in the House report regarding
radicalization in Federal prisons and the conferees instruct
the Department to take the necessary actions to eliminate
prisoner access to radicalizing material. The conferees further
direct the Department to submit a report to the Committees on
Appropriations not later than 120 days after the enactment of
this Act on its maintenance of a central registry of acceptable
materials and the processes employed to ensure that potentially
radicalizing materials are not included.
Work in prisons.--The conferees affirm the language in
the House report expressing the belief that increasing work
opportunities for Federal prisoners is an important priority.
Statistics from BOP indicate that inmates who participate in
work programs are 24 percent less likely to offend again, 14
percent more likely to find work outside of prison and 23
percent less likely to have misconduct issues in prison. The
conferees direct the Department to report to the Committees on
Appropriations not later than 120 days after the enactment of
this Act on actions taken and planned to increase meaningful
work opportunities available to inmates.
Sentence reduction opportunities.--The conferees are
concerned that the current upward trend in the prison inmate
population is unsustainable and, if left unchecked, will
eventually engulf the Department's budgetary resources. The
conferees encourage BOP to work with the authorizing committees
on proposals that reduce both recidivism and appropriations
requirements.
Employee retaliation.--The conferees are concerned that
BOP employees were cited recently by the Equal Employment
Opportunity Commission (EEOC) as having the highest and most
widespread fear of retaliation compared to the rest of the
Federal workforce. The conferees expect BOP to certify to the
Committees on Appropriations that it has implemented and met
the recommendations included in the EEOC's November 2010 Final
Program Evaluation Report for the Federal Bureau of Prisons,
and submit concurrently a report on its compliance with the
recommendations to the Department's OIG for review and comment.
BUILDINGS AND FACILITIES
The conference agreement includes $90,000,000 for the
construction, acquisition, modernization, maintenance and
repair of prison and detention facilities housing Federal
inmates.
Status of construction reports.--The conferees direct BOP
to resume providing to the Committees on Appropriations, not
later than 30 days after the enactment of this Act, the most
recent monthly status of construction report and to notify the
Committees on Appropriations of any deviations from the
construction and activation schedule identified in that report,
including detailed explanations of the causes of delays and
actions proposed to address them.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The conference agreement includes a limitation on
administrative expenses of $2,700,000 for Federal Prison
Industries, Incorporated.
Federal Prison Industries (FPI).--In addition to its
function as a reentry tool, the conferees believe that FPI, if
allowed to enter into partnerships with private businesses,
could bring some lost manufacturing back into the United States
while providing inmates with opportunities to learn skills that
will be marketable after release. Therefore, the conference
agreement includes language under section 221 of this Act to
allow FPI to carry out pilot projects to produce items that are
currently manufactured outside of the United States.
State and Local Law Enforcement Activities
In total, the conference agreement includes
$2,227,300,000 for State and local law enforcement and crime
prevention programs.
Salaries and expenses.--The Omnibus Appropriations Act,
2009 (P.L. 111-8) established a common salaries and expenses
appropriation to provide for the cost of all management and
administration activities of the Department's grant offices.
The establishment of this account was in response to inadequate
agency budgeting mechanisms for management and administration
activities and a lack of transparency about the actual costs of
those activities. Since fiscal year 2009, the grant offices
have made important and marked progress in this regard.
During fiscal year 2012, the conferees direct the
Department to support management and administration expenses
with program funding subject to the submission of details
related to planned management and administration expenses, by
program, as part of the Department's fiscal year 2012 spending
plan. In addition, the spending plan should include planned
expenses for training and technical assistance, research and
statistics activities, interagency agreements, cooperative
agreements and peer review, along with any additional general
category of expense other than grants. The conferees encourage
grant offices to minimize administrative spending in order to
maximize the amount of funding that can be used for grants or
training and technical assistance.
As part of the budget submission for future fiscal years,
the Department is directed to detail the actual costs for each
grant office in each of the categories noted above for the
prior fiscal year, by program, along with estimates of planned
expenditures for each grant office in each of these categories,
by program, for the current year and the budget year. In
addition, the Office of Justice Programs (OJP), the Office on
Violence Against Women (OVW), and the Office of Community
Oriented Policing Services (COPS) are directed to report to the
Committees on Appropriations on their formal definitions of
management and administration costs or on the detailed guidance
that governs decisions about the types of costs that should be
considered management and administration costs.
Workload analysis.--The conferees are aware that OVW, OJP
and COPS have each initiated a workload analysis to ensure that
their respective staffing levels and mix of personnel
accurately reflect workload and requirements. The conferees
direct each office to provide a report to the GAO and the
Committees on Appropriations not later than 120 days after the
enactment of this Act describing its updated staffing model
based on the results of its workload analysis. In addition, the
conferees direct GAO to examine each office's staffing model
and report to the Committees on Appropriations, not later than
6 months after the date the offices submit their reports, with
an evaluation of the models, and recommendations (as
warranted), on how each office's staffing model could be
further improved.
Non-compliant grantees.--The conference agreement
incorporates language from the Senate report noting that OJP,
COPS and OVW appear to be using different sanctions and
remedies for grantees that are determined to be out of
compliance with grant requirements. The conferees expect the
Department to work to consolidate rules and procedures across
the three offices in order to produce the most consistent
compliance enforcement process possible.
Evidence-based programs.--The conferees strongly urge
OJP, COPS and OVW to ensure that, to the greatest extent
practicable, competitive grants are used for evidence-based
programs and activities.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The conference agreement includes $412,500,000 for OVW.
These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
STOP Grants.............................................. $189,000
Transitional Housing Assistance.......................... 25,000
Research and Evaluation on Violence against Women........ 3,000
Grants to Encourage Arrest Policies...................... 50,000
Homicide Reduction Initiative.......................... (4,000)
Sexual Assault Victims Services.......................... 23,000
Rural Domestic Violence and Child Abuse Enforcement...... 34,000
Violence on College Campuses............................. 9,000
Civil Legal Assistance................................... 41,000
Elder Abuse Grant Program................................ 4,250
Safe Havens Program...................................... 11,500
Education and Training for Disabled Female Victims....... 5,750
Court Training and Improvements Program.................. 4,500
Research on Violence against Indian Women................ 1,000
Consolidated Youth-oriented Program...................... 10,000
National Resource Center on Workplace Responses.......... 1,000
Indian Country--Sexual Assault Clearinghouse............. 500
--------------
TOTAL, Violence Against Women Prevention and $412,500
Prosecution Programs..................................
------------------------------------------------------------------------
Office of Justice Programs
RESEARCH, EVALUATION, AND STATISTICS
The conference agreement includes $113,000,000 for the
Research, Evaluation, and Statistics account, formerly known as
the Justice Assistance account. These funds are distributed as
follows:
RESEARCH, EVALUATION, AND STATISTICS
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Bureau of Justice Statistics............................. $45,000
National Crime Victimization Survey (NCVS)............. (26,000)
Redesign Work for the NCVS............................. (10,000)
Indian Country Statistics.............................. (500)
National Institute of Justice............................ 40,000
Transfer to NIST/OLES for DNA/Forensics................ (5,000)
Evaluation Clearinghouse (What Works Repository)......... 1,000
Regional information sharing activities.................. 27,000
--------------
TOTAL, Research, Evaluation, and Statistics............ $113,000
------------------------------------------------------------------------
Spending plans.--The conferees direct the Department to
include in its spending plan for fiscal year 2012 a plan for
the use of all funding administered by the National Institute
of Justice (NIJ) and the Bureau of Justice Statistics (BJS),
including funding provided for domestic radicalization research
under the State and Local Law Enforcement Assistance account.
The conferees expect NIJ to carry out new initiatives proposed
for fiscal year 2012 to the extent possible within the funds
provided, including initiatives in the following areas:
maximizing the value of forensic evidence; establishing the
effectiveness of criminal justice diversion methods and
strategies; eliminating rape kit backlogs (pilots); conducting
Indian country crime and victimization research; improving
prescription drug monitoring; improving inmate reentry;
improving risk-based decision-making in the criminal justice
system; and establishing a better understanding of the risk-
based factors leading to domestic radicalization and related
acts of violence/terrorism, among others.
Evaluation Clearinghouse.--The conferees adopt the
language in the Senate report regarding funding for an
Evaluation Clearinghouse/What Works Repository.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $1,162,500,000 for
State and Local Law Enforcement Assistance programs. These
funds are distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants................. $470,000
Domestic Radicalization Research....................... (4,000)
Criminal Justice Reform and Recidivism Reduction....... (6,000)
Presidential Nominating Convention Security............ (100,000)
State and Local Anti-terrorism Training................ (2,000)
State and Local Assistance Help Desk and Diagnostic (4,000)
Center................................................
VALOR Initiative....................................... (2,000)
State Criminal Alien Assistance Program.................. 240,000
Border Prosecutor Initiative............................. 10,000
Byrne Competitive Grants................................. 15,000
Missing Alzheimer's Patients Grants...................... 1,000
Victims of Trafficking Grants............................ 10,500
Drug Courts.............................................. 35,000
Prescription Drug Monitoring............................. 7,000
Prison Rape Prevention and Prosecution................... 12,500
Residential Substance Abuse Treatment.................... 10,000
Capital Litigation and Wrongful Conviction Review........ 3,000
Mentally Ill Offender Act................................ 9,000
Tribal Assistance........................................ 38,000
Economic, High-tech and Cybercrime Prevention............ 7,000
CASA--Special Advocates.................................. 4,500
Bulletproof Vests........................................ 24,000
Transfer to NIST/OLES.................................. (1,500)
National Instant Criminal Background Check System........ 5,000
Criminal Records Upgrade................................. 6,000
Second Chance Act/Offender Reentry....................... 63,000
Smart Probation........................................ (4,000)
John R. Justice Grant Program............................ 4,000
Paul Coverdell Forensic Science.......................... 12,000
Adam Walsh Act Implementation............................ 20,000
Children Exposed to Violence Initiative.................. 10,000
Byrne Criminal Justice Innovation Program................ 15,000
Violent Gang and Gun Crime Reduction..................... 5,000
National Sex Offender Public Web Site.................... 1,000
DNA Initiative........................................... 125,000
Debbie Smith DNA Backlog Grants........................ (117,000)
Post-Conviction DNA Testing Grants..................... (4,000)
Sexual Assault Forensic Exam Program Grants............ (4,000)
--------------
TOTAL, State and Local Law Enforcement Assistance...... $1,162,500
------------------------------------------------------------------------
Presidential nominating conventions.--The conference
agreement includes $100,000,000 to address extraordinary local
law enforcement costs related to the 2012 presidential
nominating conventions. The conferees note that the Department
failed to request any funding for this activity, and expect
that future budget requests will address known resource
requirements associated with convention security. The conferees
expect that the funds included in this agreement will be used
solely for extraordinary law enforcement expenses incurred with
respect to local law enforcement's role in providing security
for these events. The conferees expect the Department to
develop clear guidelines to govern allowable expenses, and all
payments or reimbursements shall be reviewed and approved by
the Department, as well as audited by the OIG, to ensure
efficiency and accountability. Finally, the conferees expect
that planning committees for the nominating conventions will
assist in addressing security needs to the greatest extent
possible from other funding sources.
Human trafficking.--The conference agreement includes
$10,500,000 for human trafficking task force activities and
services for U.S. citizens, permanent residents and foreign
nationals who are victims of trafficking. The conferees expect
that the human trafficking task forces funded by the Department
will continue to bring together Federal, State and local law
enforcement and victim services organizations to investigate
all forms of human trafficking and assist the victims. OJP
shall consult with stakeholder groups in determining the
overall allocation of Victims of Trafficking funding, including
with respect to amounts allocated to assist foreign national
victims, and provide to the Committees on Appropriations a plan
for the use of these funds as part of the Department's fiscal
year 2012 spending plan. The plan should be guided by the best
information available on the regions of the United States with
the highest incidence of trafficking.
Reentry.--The conferees urge OJP to assist in the
development of State reentry councils in order to foster State-
level advancements in reentry and recidivism reduction.
Second Chance Act.--The conferees direct the Department
to submit, as part of its spending plan for fiscal year 2012 a
plan for the allocation of funds appropriated for Second Chance
Act programs.
Sex offender location, arrest and prosecution/Adam Walsh
Act implementation.--The conference agreement includes
$20,000,000 to support the administration's proposal to help
States, Indian tribes and territories come into compliance with
the Sex Offender Registration and Notification Act (SORNA), as
well as provide for sex offender management and treatment.
These grants will provide critical support to the
comprehensive, nationwide effort to locate, register, monitor,
apprehend, prosecute and manage child sexual predators and
exploiters that was envisioned by SORNA.
DNA backlog/crime lab improvements.--The conferees
continue Congress' strong support for DNA backlog reduction and
crime lab improvements by recommending $125,000,000 to
strengthen and improve Federal and State DNA collection and
analysis systems that can be used to accelerate the prosecution
of the guilty while simultaneously protecting the innocent from
wrongful prosecution. Within the funding provided, the
conference agreement includes $4,000,000 each for Post-
Conviction DNA Testing grants, and Sexual Assault Forensic Exam
Program grants. The conferees expect that OJP will make funding
for DNA analysis and capacity enhancement a priority to meet
the purposes of the Debbie Smith DNA Backlog Grant Program. The
conferees direct the Department to submit both a spending plan
with respect to funds appropriated for DNA-related programs,
and a report on the alignment of appropriated funds with the
authorized purposes of the Debbie Smith DNA Backlog Grant
Program, as part of the Department's spending plan for fiscal
year 2012.
In addition, the conferees direct the GAO to examine the
use of funds awarded for DNA analysis and capacity enhancement
in the past five years that were awarded to any entity other
than to a State or local public DNA laboratory. GAO's
examination should include an evaluation of the methodology
employed in creating the solicitations and the process for
awarding these funds; the extent to which DOJ has assessed
whether the results of the awards are making a measurable
impact with respect to reducing backlogs and increasing
capacity; and how the objectives of the solicitations have been
fulfilled. The study should also include an analysis of how NIJ
inventories and compiles grant data and results, including a
breakdown of the funds provided to non-government DNA
laboratories on an annual basis, and a description of the
contribution of NIJ toward increasing capacity and reducing
backlogs for government DNA laboratories. Lastly, the study
should detail the proportion of DNA funding annually provided
to State and local laboratories, non-government entities, NIJ's
DNA program office, and other uses by NIJ such as overhead,
travel and conferences.
National technical assistance and training.--The
conferees affirm language in the Senate report encouraging the
Department to continue its efforts to assist States in the
development and use of criminal justice information systems
that accelerate the automation of identification processes for
fingerprints and other criminal justice data, and which improve
the compatibility of State and local law enforcement systems
with the FBI's Integrated Automated Fingerprint Identification
System.
National Motor Vehicle Title Information System
(NMVTIS).--The conference agreement incorporates language in
the Senate report on the use of NMVTIS as an effective tool to
prevent the fraudulent use of vehicle title documents,
investigate vehicle thefts and thwart terrorist financing
activities.
Tribal assistance.--The conference agreement includes
$38,000,000 for tribal grant programs. The conferees expect OJP
to consult closely with tribal stakeholders in determining how
tribal assistance funds will be allocated among grant programs
that help improve public safety in tribal communities, such as
grants for detention facilities under section 20109 of subtitle
A of title II of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), civil and criminal legal
assistance as authorized by title I of Public Law 106-559,
tribal courts, and alcohol and substance abuse reduction
assistance programs. The conferees direct OJP to submit, as
part of the Department's spending plan for fiscal year 2012, a
plan for the use of these funds that has been informed by such
consultation. The conferees note that the conference agreement
includes additional grant funding for tribal law enforcement
programs through COPS and OVW.
Direct legal representation of crime victims.--The
conference agreement incorporates language in the Senate report
directing the Office for Victims of Crime to submit a report to
the Committees on Appropriations within 60 days of notifying
States of their Victims of Crime Act victim assistance formula
allocation for fiscal year 2012.
JUVENILE JUSTICE PROGRAMS
The conference agreement includes $262,500,000 for
Juvenile Justice programs. These funds are distributed as
follows:
JUVENILE JUSTICE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Part B--State Formula Grants............................. $40,000
Youth Mentoring Grants................................... 78,000
Title V--Delinquency Prevention Incentive Grants......... 20,000
Tribal Youth........................................... (10,000)
Gang and Youth Violence Education and Prevention....... (5,000)
Alcohol Prevention..................................... (5,000)
Victims of Child Abuse Programs.......................... 18,000
Juvenile Accountability Block Grants..................... 30,000
Community-Based Violence Prevention Initiatives.......... 8,000
Missing and Exploited Children Programs.................. 65,000
Training for Judicial Personnel.......................... 1,500
National Forum on Youth Violence Prevention.............. 2,000
--------------
TOTAL, Juvenile Justice Programs....................... $262,500
------------------------------------------------------------------------
Youth mentoring grants.--The conferees direct OJP to
submit, as part of the Department's spending plan for fiscal
year 2012, a report detailing the criteria and methodology that
will be used to award youth mentoring grants and a spending
plan for youth mentoring funds. The conferees expect that the
Office of Juvenile Justice and Delinquency Prevention (OJJDP)
will take all steps necessary to ensure fairness and
objectivity in the award of these and future competitive
grants.
Missing and exploited children/Internet Crimes Against
Children (ICAC).--The conference agreement includes $65,000,000
for missing and exploited children programs, including funds
for the ICAC task force program, to continue to expand efforts
to protect the Nation's children, focusing on the areas of
locating missing children, and addressing the growing wave of
child sexual exploitation facilitated by the Internet. The
conferees direct OJP to provide a spending plan for the use of
these funds as part of the Department's spending plan for
fiscal year 2012. The conferees are aware that one way OJP
addresses the proliferation of Internet crimes against children
is through ICAC task forces. With regard to ICAC task forces,
the conferees encourage the Department to fund programs with
proven training results and low administrative costs.
Victims of Child Abuse Act.--The conference agreement
includes $18,000,000 for the various programs authorized under
the Victims of Child Abuse Act (Public Law 101-647). Within the
funds provided, $5,000,000 shall be used to fund Regional
Children's Advocacy Centers Programs.
PUBLIC SAFETY OFFICER BENEFITS
The conference agreement includes $78,300,000 for the
Public Safety Officer Benefits program for fiscal year 2012.
Within the funds provided, $62,000,000 is for death benefits
for survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping purposes.
In addition, $16,300,000 is provided for disability benefits
for public safety officers permanently and totally disabled as
a result of a catastrophic injury and for education benefits
for the spouses and children of officers killed in the line of
duty or permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
The conference agreement includes $198,500,000 for COPS
programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups......... 12,500
Tribal Resources Grant Program........................... 20,000
COPS Hiring Grants....................................... 166,000
Transfer to Tribal Resources Grant Program............. (15,000)
Community Policing Development/Training and Technical (10,000)
Assistance............................................
--------------
TOTAL, Community Oriented Policing Services............ $198,500
------------------------------------------------------------------------
Tribal Resources Grant Program (TRGP).--The conference
agreement provides a total of $35,000,000 in funding targeted
entirely to tribal communities through the TRGP. Within the
TRGP, $20,000,000 is provided through direct appropriations and
$15,000,000 is provided by transfer from the COPS Hiring
program. The conferees note that all funds available to the
TRGP may be used for equipment and hiring or training of tribal
law enforcement.
General Provisions--Department of Justice
The conference agreement includes the following general
provisions for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the life of
the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the conference agreement's
requirements and procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend an
ongoing Personnel Management Demonstration Project.
Section 207 extends specified authorities to the ATF for
undercover operations.
Section 208 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the BOP as appropriately secure.
Section 209 prohibits the use of funds for the purchase
or rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious or educational purposes.
Section 210 requires review by the Deputy Attorney
General and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 211 requires the Department to follow
reprogramming procedures prior to any deviation from the
program amounts specified in this title or the reuse of
specified deobligated funds provided in previous years.
Section 212 prohibits the use of funds for A-76
competitions for work performed by employees of the BOP or FPI,
Inc.
Section 213 requires a cost and schedule report on the
Sentinel program.
Section 214 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 215 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance; permits up to 2 percent
of grant funds made available to that office to be used for
criminal justice research, evaluation and statistics by NIJ and
BJS; and directs that of such amounts transferred to NIJ and
BJS, $1,300,000 shall be transferred to the BOP.
Section 216 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, tribal and
local reentry courts; and drug treatment programs.
Section 217 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 218 permits the use of appropriated funds for
travel and healthcare of personnel serving abroad.
Section 219 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 220 requires the Attorney General to identify an
auditor to evaluate the GCCF.
Section 221 allows Federal Prison Industries to
participate in the Prison Industries Enhancement Certification
program and allows FPI to carry out pilot projects to produce
items that are no longer produced in the United States.
TITLE III--SCIENCE
Office of Science and Technology Policy
The conference agreement includes $4,500,000 for the
Office of Science and Technology Policy (OSTP).
Cooperation with China.--In fiscal year 2011, OSTP,
acting on guidance from the Department of Justice and the
Office of White House Counsel, engaged in bilateral activities
with the Chinese government that the Government Accountability
Office (GAO) found to be prohibited by section 1340 of the
Department of Defense and Full Year Continuing Appropriations
Act, 2011 (P.L. 112-10). Section 1340 was enacted due to
congressional concern that our scientific cooperation with the
Chinese government was failing to sufficiently take into
account the risks posed by such activities. These risks include
the transfer of sensitive technology, data and other
information that could adversely impact our national security
or disadvantage American companies relative to their Chinese
counterparts.
The conference agreement contains language restricting
any OSTP activities that would carry the risk of such transfers
to China while allowing (subject to certification and
notification requirements) other activities to proceed. This
should enable OSTP to engage in beneficial collaborative
endeavors, such as public health planning or disaster response
activities, while providing greater protection for U.S.
economic and national security interests.
Science, Technology, Engineering and Math (STEM)
education.--The conferees support OSTP's recent efforts to
improve and better coordinate Federal STEM education programs
and to develop a government-wide STEM education strategic plan.
The conferees encourage OSTP to include in the strategic plan
goals relating to the improved dissemination of STEM education
research and best practices.
Neuroscience.--The conferees believe there is a potential
in the near future for significant, transformative advances in
our fundamental understanding of learning, brain development,
and brain health and recovery. Such advances will require
enhanced tools to better understand the working of the brain,
enhanced data and data infrastructure, and expanded
interdisciplinary and large-scale research efforts.
Neuroscience research is supported by the National Institutes
of Health, the National Science Foundation (NSF), the
Department of Veterans Affairs, the Department of Defense and
other Federal agencies. The conferees encourage OSTP to
establish, through the National Science and Technology Council
(NSTC), an interagency working group to coordinate Federal
investments in neuroscience research. The interagency working
group should help focus and enhance Federal efforts toward:
developing future clinical treatments for traumatic and
acquired brain injuries; better understanding cognition and
learning, and applying that understanding to improving
education and learning; and improving our understanding of and
developing better therapies for Alzheimer's disease, childhood
developmental disorders and other neurological conditions.
National Aeronautics and Space Administration
The conference agreement includes $17,800,000,000 for the
National Aeronautics and Space Administration (NASA).
Fiscal oversight.--In order to promote strong fiscal
oversight, the Committees on Appropriations have been pursuing
with NASA a number of crosscutting issues, including cost
estimation and control, financial management, acquisition
reform and grants management. The conferees direct NASA to stay
engaged in these ongoing efforts and to comply with all related
reporting requirements and directives on these topics that were
contained in the House and Senate reports.
Budget structure.--Funds have been allocated according to
an account and program structure that generally conforms to the
structure proposed in the budget request. After several
consecutive years of major structural modifications, however,
the conferees expect that NASA will refrain from proposing
additional account changes unless directed to do so by the
Committees.
The conferees' table of recommendations for NASA is
delineated below. Additional detail may be found under the
relevant account headings.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[In thousands of dollars]
------------------------------------------------------------------------
Program Conference
------------------------------------------------------------------------
Science:
Earth Science.......................................... $1,765,700
Planetary Science...................................... 1,500,400
Astrophysics........................................... 672,000
James Webb Space Telescope............................. 529,600
Heliophysics........................................... 622,300
--------------
Total, Science..................................... 5,090,000
==============
Aeronautics.............................................. 569,900
==============
Space Technology......................................... 575,000
==============
Exploration:
Human Exploration Capabilities......................... 3,060,000
Orion Multi-Purpose Crew Vehicle..................... (1,200,000)
Space Launch System.................................. (1,860,000)
Commercial Crew........................................ 406,000
Exploration Research and Development................... 304,800
--------------
Total, Exploration............................. 3,770,800
==============
Space Operations:
Space Shuttle.......................................... 573,000
International Space Station............................ 2,830,000
Space and Flight Support............................... 830,600
21st Century Launch Complex.......................... (168,000)
--------------
Total, Space Operations........................ 4,233,600
==============
Education:
Aerospace Research and Career Development.............. 58,400
NASA Space Grant..................................... (40,000)
EPSCoR............................................... (18,400)
STEM Education and Accountability...................... 80,000
Minority University Research Education Program....... (30,000)
STEM Education and Accountability Projects........... (40,000)
Informal STEM Education.............................. (10,000)
--------------
Total, Education............................... 138,400
==============
Cross Agency Support..................................... 2,995,000
==============
Construction and Environmental Compliance and Restoration 390,000
==============
Inspector General........................................ 37,300
==============
Total, NASA........................................ $17,800,000
------------------------------------------------------------------------
SCIENCE
The conference agreement includes $5,090,000,000 for
Science.
Program, project and activity level funding
designations.--The conferees have not included a detailed,
line-item funding table for the Science Mission Directorate.
Instead, the conference table provides totals for Earth
Science, Planetary Science, Astrophysics, the James Webb Space
Telescope and Heliophysics. Using these totals, as well as any
additional funding direction provided below, NASA should
develop a budget plan for each division that incorporates any
necessary reductions and submit these proposals as part of the
spending plan required by section 538 of this Act. In proposing
reductions, NASA should take care to protect, to the extent
possible, high priority missions of the decadal surveys, as
well as missions with near-term launch readiness dates. In
addition, NASA should be careful to propose a funding portfolio
that maintains an essential balance between actual spaceflight
projects and the critical mission-enabling activities (research
and data analysis, data application, etc.) that support and
enhance the value of those projects.
Earth Science.--The conference agreement adopts, by
reference, language from the Senate report on carbon monitoring
systems and the Deformation, Ecosystem Structure and Dynamics
of Ice mission.
Planetary Science.--The conference agreement includes no
less than $581,700,000 for Mars Exploration. Within the amount
provided, NASA shall continue working to define, plan and
execute future Mars missions and continue seeking and taking
advantage of opportunities for international cooperation on
such missions.
The conference agreement also includes $43,000,000 for
outer planets flagship missions. The conferees understand that
required descoping studies for planetary flagship missions are
at or near completion and direct that those studies be
submitted to the Committees on Appropriations as soon as
possible. NASA is also directed to continue working on a
detailed definition of an appropriately descoped flagship
mission, consistent with the findings of the most recent
planetary science decadal survey.
Astrophysics.--The conference agreement adopts, by
reference, language from the Senate report regarding the Hubble
Space Telescope and the Explorer Program.
The Wide Field Infrared Survey Telescope (WFIRST) was
identified as the first priority of the most recent astronomy
and astrophysics decadal survey. NASA should build on the work
of the Joint Dark Energy Mission project and pursue WFIRST to
the extent that foreseeable budget resources can accommodate
this mission.
James Webb Space Telescope (JWST).--According to the
recent JWST budget replan, the program's lifecycle cost
estimate is now $8,835,000,000 (with formulation and
development costs totaling $8,000,000,000). This represents an
increase of $1,208,000,000 over the previous lifecycle cost
estimate, including an increase of $156,000,000 above the
budget request for fiscal year 2012. In order to accommodate
that increase in this agreement, the conferees received input
from the administration and made reductions to the requested
levels for Earth and planetary science, astrophysics and the
agency's budget for institutional management. Although the
amounts provided for these other science activities still
constitute an increase over the fiscal year 2011 levels, the
conferees note that keeping JWST on schedule from fiscal year
2013 through the planned launch in fiscal year 2018 will
require NASA to identify another $1,052,000,000 over previous
JWST estimates while simultaneously working to meet the deficit
reduction requirements of the Budget Control Act of 2011 (P.L.
112-25). As a result, outyear work throughout the agency may
need to be reconsidered. The conferees expect the
administration to come forward with a realistic long-term
budget plan that conforms to anticipated resources as part of
its fiscal year 2013 budget request.
To provide additional assurances that JWST's management
and funding problems are under control, the conference
agreement includes language strictly limiting JWST formulation
and development costs to the current estimate of $8,000,000,000
and requiring any increase above that amount to be treated
according to procedures established for projects in 30 percent
breach of their lifecycle cost estimates.
In addition, the conferees direct the GAO to continually
assess the program and to report to the Committees on
Appropriations on key issues relating to program and risk
management; achievement of cost and schedule goals; and program
technical status. For its first report, the conferees direct
the Comptroller General to assess: (1) the risks and
technological challenges faced by JWST; (2) the adequacy of
NASA's revised JWST cost estimate based on GAO's cost
assessment best practices; and (3) the extent to which NASA has
provided adequate resources for and is performing oversight of
the JWST project to better ensure mission success. The first
report should be provided to the Committees no later than
December 1, 2012, with reports continuing on an annual basis
thereafter. Periodic updates should also be provided to the
Committees upon request or whenever a significant new finding
has been made. NASA is directed to cooperate fully and to
provide timely access to analyses, data, applications,
databases, portals, reviews, milestone decision meetings, and
contractor and agency personnel.
Heliophysics.--The conference agreement adopts, by
reference, language from the Senate report regarding the
Explorer Program, Magnetospheric Multiscale Mission and Solar
Probe Plus.
Flagship management.--The conferees believe that flagship
missions are an important component of a balanced science
mission portfolio but are concerned by NASA's history of
problematic management of these projects. Without substantial
improvements in cost estimation, requirements definition, cost
discipline and other practices, management problems will
persist and, ultimately, erode support for NASA's pursuit of
these missions. NASA has many sources of expertise, both
internal and external, on which to draw for ideas about how to
address its problems in flagship management, and the conferees
urge NASA to do so. In particular, the conferees encourage NASA
to look at lessons learned from reviews of the challenges of
prior flagship projects; identify those lessons that address
universal management issues; and implement those lessons in
flagship projects across the Directorate.
AERONAUTICS
The conference agreement includes $569,900,000 for
Aeronautics.
SPACE TECHNOLOGY
The conference agreement includes $575,000,000 for Space
Technology. All funds under this heading should be prioritized
toward the continuation of ongoing programs and activities.
Exploration Technology Development.--Within amounts
provided, no less than $190,000,000 shall be dedicated to
Exploration Technology Development, which directly supports the
achievement of human exploration goals.
Satellite servicing.--The conference agreement provides
no less than $25,000,000 for satellite servicing activities.
This funding will contribute to the planned competitive
satellite servicing demonstration mission and shall be managed
by the Human Exploration and Operations (HEO) Mission
Directorate.
EXPLORATION
The conference agreement includes $3,770,800,000 for
Exploration.
Orion Multipurpose Crew Vehicle (MPCV).--The conference
agreement provides $1,200,000,000 for the Orion MPCV. The MPCV
is intended both to be launched on the heavy lift rocket system
in furtherance of NASA's beyond Earth orbit (BEO) exploration
goals and to provide an alternative means of cargo and crew
delivery to the International Space Station (ISS) in the event
that commercial or partner-supplied vehicles are unable to
perform those functions. The MPCV will begin uncrewed and
crewed flight operations in conjunction with the Space Launch
System (SLS) within the next decade, but the conferees
understand that NASA may want to pursue an earlier MPCV flight
test utilizing a commercially available launch vehicle. The
conferees have no objection to necessary and useful testing as
long as the costs of procuring the launch vehicle and executing
the test flight can be accommodated within the MPCV budget.
Within the larger MPCV program, components should be procured
via fixed price contracts wherever possible in order to improve
cost control and maximize the impact of all available dollars.
Space Launch System.--The conference agreement provides
$1,860,000,000 for the SLS, which is a sustained, evolvable
heavy lift vehicle utilizing a common core. While this
evolvable approach will enable NASA to achieve the earliest
possible initial flight capability by using a 70 ton SLS
configuration, only the 130 ton configuration will allow NASA
to achieve its BEO exploration goals. Consequently, NASA is
directed to ensure that all work done on the early
configurations of the evolvable vehicle is in service of the
eventual BEO capability. Similarly, NASA is reminded of its
legal obligation to design the system from inception to the 130
ton standard and to proceed with simultaneous development of
the core and upper stages. Wherever possible, SLS components
should be procured via fixed price contracts in order to
improve cost control and maximize the impact of all available
dollars.
The conferees note the need for additional clarity on the
amount of money being allocated to the development of each
major component of the SLS. In order to address this need, NASA
is directed to provide quarterly reports to the Committees on
Appropriations showing anticipated and actual SLS obligations
and outlays by major component (core stage, upper stage,
engines, boosters, avionics/instrumentation). NASA is further
directed to work with the Committees to refine the content and
format of these reports.
Adjustments to MPCV and SLS funding.--Funds provided in
this Act for MPCV and SLS are intended for the actual design
and development of the vehicles themselves. Therefore, the
conferees direct that the charging of related expenses to these
program lines be kept to a minimum. Any funds deducted from the
total to pay for civil service labor, headquarters program
support, program integration, mission operations,
extravehicular activities or other related expenses must be
separately delineated both in the spending plan submitted
pursuant to section 538 of this Act and in all future requests.
The conference agreement provides a statutory set-aside for SLS
ground operations; therefore, no additional charges to SLS
funding for this purpose are permitted. All activities funded
with the ground operations set-aside shall primarily serve the
SLS program.
The conferees note that the recently completed
Independent Cost Assessment (ICA) for the exploration program
utilized a different budgetary structure than NASA's fiscal
year 2011 operating plan or its fiscal year 2012 budget
request. In the ICA, funds were divided into three separate
streams: MPCV; SLS, exclusive of any ground operations; and
21st Century Ground Systems, which incorporates all SLS ground
operations as well as exploration-related ground systems and
infrastructure activities from the 21st Century Launch Complex
program. The conferees appreciate that this structure makes a
clearer distinction between SLS vehicle development work and
ground operations and that it unites all exploration-related
ground systems spending in a single account (while leaving
ground operations and infrastructure in support of multi-user
programs within the 21st Century Launch Complex appropriation).
NASA is directed to submit its fiscal year 2013 budget request
and all future requests using the structure laid out in the
ICA. To assist in the transition to this new structure, the
fiscal year 2013 request should include a crosswalk between the
new and old structures.
Cost caps.--The conferees believe the human exploration
programs should be managed under strict cost caps based on
NASA's analysis and the recently completed ICA. Within 60 days
of the enactment of this Act, NASA shall report to the
Committees on Appropriations on planned milestones; expected
performance and configurations; planned ground and flight
testing programs; and deliverables for SLS, MPCV and ground
systems. As part of this report, NASA shall recommend separate
cost caps for the SLS, MPCV and associated ground systems
(consistent with the funding streams as identified in the ICA)
through fiscal year 2017 and shall manage each program to
remain within those caps.
Exploration destinations and goals.--The conferees
believe that NASA needs to better articulate a set of specific,
scientifically meritorious exploration goals to focus its
program and provide a common vision for future achievements.
Consequently, the conferees direct NASA to develop and report
to the Committees on Appropriations a set of science-based
exploration goals; a target destination or destinations that
will enable the achievement of those goals; a schedule for the
proposed attainment of these goals; and a plan for any proposed
collaboration with international partners. Proposed
international collaboration should enhance NASA's exploration
plans rather than replace capabilities NASA is developing with
current funds. This report shall be submitted no later than 180
days after the enactment of this Act.
Commercial crew funding.--While significant unanswered
questions remain about the long-term viability of the
commercial space market, the conferees agree with NASA that the
support of domestic aerospace jobs and the provision of
redundant access to the ISS are worthy goals. Consequently, the
conference agreement provides $406,000,000 for the commercial
crew development program. The agreement withholds $100,000,000
of these funds pending the completion of specified acquisitions
milestones in the human exploration program. The conferees
expect, however, that the timely completion of these milestones
will result in the prompt release of all withheld funds without
any negative impact on the commercial crew program.
Commercial crew management.--All of the commercial crew
management and acquisition plans submitted by NASA to date have
been predicated on receiving funding far in excess of the
authorized level. The conferees are concerned that NASA has not
devoted sufficient time to developing a detailed management
plan for alternate scenarios. NASA is directed to work
expeditiously to alter its management and acquisition strategy
for the program as necessary to make the best use of available
resources and to define the most cost effective path to the
achievement of a commercial crew capability. NASA is encouraged
to consider, as part of an altered strategy, an accelerated
down-select process that would concentrate and maximize the
impact of each appropriated dollar.
The conferees understand that NASA has several mechanisms
in place to ensure that the risk associated with commercial
crew development activities is not carried solely by the
government. Consistent with normal procurement practices, NASA
evaluates through responsibility and commitment assessments the
financial stability of potential contractors. In addition, NASA
will structure awards to ensure that payments are made only
after the achievement of specified performance milestones and
to protect the government's ability to retain and use data
derived from an award in the event that the contractor defaults
or otherwise chooses to discontinue participation in the
program. These practices limit the financial exposure of the
government and maximize the value of all payments made.
Commercial safety requirements.--The conferees are
pleased by NASA's commitment to hold all human-rated launch
vehicles and crew systems, including those developed via both
the commercial crew program and the Human Exploration
Capabilities program, to the same safety requirements regarding
the potential loss of crew (LOC) or loss of mission (LOM). The
conferees direct NASA to ensure that any tailoring of specific
safety standards and procedures going forward does not affect
this uniform application of LOC/LOM requirements.
Apollo heritage sites.--Future human and robotic
exploration of the Moon poses a threat to the preservation of
historically and scientifically significant sites there,
including the locations of the first and last Apollo lunar
landings. The conferees support NASA's efforts to establish
guidelines for the protection of Apollo ``heritage sites'' and
direct NASA to keep the Committees on Appropriations informed
of further progress in this area.
SPACE OPERATIONS
The conference agreement includes $4,233,600,000 for
Space Operations.
Space Shuttle.--The conference agreement provides a total
of $573,000,000 for the Space Shuttle program, including
$470,000,000 to cover NASA's liability pursuant to the
termination of the pension plan under the Space Program
Operations Contract (SPOC). The conferees have derived their
numbers from the most recently available actuarial estimate of
SPOC liability needs, as provided by NASA. The government is
legally obligated to make these payments. If the final
calculated pension shortfall differs from this amount, NASA may
address the difference by either adding to or deducting from
remaining Space Shuttle transition and retirement funds.
The conference agreement adopts, by reference, language
in the House report requiring NASA to undertake specified
actions relating to the transition of the Shuttle workforce and
to provide status reports on the progress of its Space Shuttle
orbiter disposition efforts.
International Space Station (ISS).--The conferees support
the decision to extend ISS research and operations through
2020. In support of the ISS program, the conference agreement
provides $2,830,000,000 for ISS operations, research and cargo
supply.
Satellite servicing.--The conference agreement includes
$50,000,000 from Space Operations to continue satellite
servicing activities. These funds are in addition to
$25,000,000 for satellite servicing in the Space Technology
account. The HEO Mission Directorate shall continue to be
responsible for the overall direction and management of all
agency satellite servicing activities, which are undertaken as
a joint project of the HEO, Space Technology and Science
mission directorates. Satellite servicing activities shall
include mission architecture design, robotic system
development, autonomous rendezvous and capture sensor testing,
fluid transfer demonstrations and spacecraft design.
Funds are to be used to continue work on a competitive
project to develop, in collaboration with a U.S. commercial
partner, a satellite servicing mission capable of operating in
geosynchronous Earth orbit. The goal for such a mission is to
achieve an on-orbit servicing of an observatory-class
government satellite by 2016. Any U.S. commercial partner
should be willing to invest its own resources in this mission,
as it is intended to foster the creation of an ongoing
commercial capability that could meet the needs of NASA, other
Federal agencies, the commercial satellite sector and the
scientific community.
21st Century Launch Complex.--The conference agreement
adopts, by reference, language from the Senate report regarding
the 21st Century Launch Complex program. As noted under the
Exploration heading, the conferees intend to confine the 21st
Century Launch Complex appropriation to multi-user projects
beginning in fiscal year 2013. Any 21st Century funds that
support the ground operations and infrastructure of the human
exploration program will be included in the new 21st Century
Ground Systems funding stream in future years.
Tracking and Data Relay Satellite-M (TDRS-M).--NASA has
authority to fund research and development programs and
projects on an incremental basis. However, the conferees
understand that TDRS-M, unlike prior TDRS System projects, does
not qualify as research and development. In order to remain
consistent with historical precedent on TDRS funding,
therefore, the conferees have provided bill language permitting
NASA to treat TDRS-M as a research and development project for
the purposes of incremental funding for the duration of the
project.
Launch site infrastructure.--NASA is directed to
facilitate the efficient and beneficial re-purposing of vacant
or underutilized facilities, equipment and other property at
NASA-owned launch sites. To accomplish this re-purposing, NASA
is directed to employ all authorities granted by Congress and
to involve, to the extent practical, field-level personnel in
the decision making.
EDUCATION
The conference agreement includes $138,400,000 for
Education.
Portfolio structure and funding levels.--The conferees
have constructed an education portfolio that strikes a balance
between NASA's desire to restructure and streamline elements of
the portfolio with the need to provide sufficient support to
successful existing programs such as Space Grant, the
Experimental Program to Stimulate Competitive Research (EPSCoR)
and the Minority University Research and Education Program. The
conferees direct NASA to consider this balance when developing
future education budget requests. The conferees also note the
existence of significant educational resources built into the
mission directorate budgets and encourage NASA to take all
necessary steps to ensure that these educational activities are
well integrated with the programs funded under this heading.
Informal Education.--The conferees have provided
$10,000,000 for a competitive grant program to fund informal
education programs that develop STEM education activities,
including exhibits, at qualifying institutions as described in
section 616 of the NASA Authorization Act of 2005 (P.L. 109-
155), and/or at NASA Visitors Centers. In selecting grants,
NASA shall prioritize projects according to their links to
NASA's missions.
CROSS AGENCY SUPPORT
The conference agreement includes $2,995,000,000 for
Cross Agency Support (CAS).
Civil service labor.--NASA's CAS request included funding
for nearly 700 programmatic FTE that had not yet been allocated
to a mission directorate. Since the time of the budget
submission, NASA has provided updated data showing the
appropriate distribution of these FTE. The conference agreement
reflects this updated distribution by reallocating both the FTE
and associated funding out of the CAS account.
Background investigations.--All members of the NASA
workforce, including both civil servants and contractors,
should be appropriately and regularly screened to validate
their right to access NASA physical or virtual resources. The
conferees support the implementation of all necessary security
procedures to achieve this goal.
Employee Performance Communications System (EPCS).--The
conference agreement adopts, by reference, language in the
Senate report requiring a GAO assessment of specified elements
of the implementation of the EPCS.
Cybersecurity.--The conference agreement adopts, by
reference, language from the House report regarding authorities
of the Chief Information Officer to address cybersecurity
vulnerabilities.
Independent Verification and Validation (IV&V;).--The
conference agreement adopts, by reference, language from the
Senate report regarding IV&V.;
Budget justifications.--The conferees understand that
NASA is undertaking changes to the format and content of its
annual budget justifications. The Committees on Appropriations
should be involved in the discussion about what changes are
necessary in order to ensure that the end product is as useful
as possible for the conduct of the Committees' work.
Consequently, NASA is directed to work jointly with the
Committees to define the scope and content of needed changes
and to implement those changes in all future budget
justifications.
Comprehensive independent assessment.--NASA has a broad
mandate to execute a balanced space program that includes
science, technology development, aeronautics research, human
spaceflight and education. NASA regularly receives management
and programmatic recommendations from GAO, the Office of
Inspector General (OIG) and various commissions and other
entities, as well as outside advice on scientific and technical
priorities from the National Academies. While each of these
reviews is useful on its own, they are generally targeted to a
specific issue or program and therefore do not provide a
comprehensive assessment of NASA's activities. The conferees
believe that such an agency-wide assessment will provide a
means to evaluate whether NASA's overall strategic direction
remains viable and whether agency management is optimized to
support that direction. Accordingly, the conference agreement
recommendation includes $1,000,000, to be provided by transfer
to the OIG, to commission a comprehensive independent
assessment of NASA's strategic direction and agency management.
The assessment should consider the relevance and
feasibility of NASA's strategic goals; the appropriateness of
the budgetary balance between NASA's various programs; and the
adequacy of NASA's internal policies, procedures, controls and
organizational structures that support and prioritize its
mission activities. Any recommendations made pursuant to the
assessment should be predicated on the assumption that NASA's
outyear budget profile will be constrained due to continuing
deficit reduction efforts. Such recommendations should also
take into account the need for a common, unifying vision for
NASA's strategic direction that encompasses NASA's varied
missions. A report summarizing the conclusions of the
assessment and any relevant recommendations shall be provided
to the Congress and the President no later than 120 days after
the enactment of this Act.
To conduct this assessment, the Inspector General shall
choose an organization that will convene individuals with
recognized relevant expertise and whose collective credentials
sufficiently cover the entire range of NASA's mission
activities, including space and Earth science; aeronautics;
advanced technology development; space exploration; spaceflight
operations and support; STEM education; and/or management of
any of these activities. In order to promote objectivity, the
Inspector General shall define and implement any conflict of
interest protocols deemed necessary, but, at a minimum, the
selected individuals shall not be currently employed or
retained by NASA or any outside entity that competes for or
receives NASA funding.
Working Capital Fund (WCF).--NASA's WCF was initially
authorized in fiscal year 2003. In fiscal year 2012, NASA has
expanded its use of the WCF to cover activities such as major
agency-wide information technology services. The conferees are
concerned that such an expansion of the uses of the WCF without
adequate advance notification through the normal budget process
undermines the oversight role of the Committees on
Appropriations. Accordingly, the conferees direct that NASA, as
part of its annual congressional budget justification, detail
any expected WCF activity for the coming fiscal year, including
the source and amount of expected WCF transfers, all expected
uses of the Fund, and any balances on hand or expected to
remain at the end of the fiscal year. NASA shall also provide
quarterly to the Committees an accounting of that quarter's
expenditures along with the amount of any unobligated balances
in the Fund.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The conference agreement includes $390,000,000 for
Construction and Environmental Compliance and Restoration
(CECR).
Integrated facilities master planning.--The conference
agreement adopts, by reference, language from the House report
directing the submission of an integrated facilities master
plan.
Hangar 1, Moffett Field.--The conference agreement
adopts, by reference, language from the House report regarding
Hangar 1 at Moffett Field.
Mission-related construction.--NASA continues to request
funds for construction of facilities within both the Space
Operations and the Exploration accounts. This is an inefficient
practice which requires significant post-enactment transfers of
funds between accounts. The conference agreement permits such
transfers in specified amounts from Space Operations and
Exploration in fiscal year 2012, but NASA is directed to ensure
that all construction funds in future years are requested
solely within the CECR account.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $37,300,000 for the
Office of Inspector General.
ADMINISTRATIVE PROVISIONS
The conference agreement includes the following
administrative provisions for NASA:
The agreement includes a provision that makes funds for
announced prizes available without fiscal year limitation until
the prize is claimed or the offer is withdrawn.
The agreement includes a provision that establishes terms
and conditions for the transfer of funds.
The agreement includes a provision that allows the
transfer of balances under previous appropriations account
structures to the new appropriations account structure.
The agreement includes a provision related to the
expenditure of interest earned from balances in the Endeavor
Teacher Fellowship Trust Fund.
The agreement includes a provision permitting NASA to
accept in-kind consideration as part of the Enhanced Use Lease
program under specified circumstances. NASA is directed to
include in its annual budget justification a description of any
in-kind consideration accepted and an estimate of the market
value of that consideration.
The agreement includes a provision that subjects the NASA
spending plan and specified changes to that spending plan to
reprogramming procedures under section 505 of this Act.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
The conference agreement includes $5,719,000,000 for
Research and Related Activities (R&RA;).
Research priorities.--The conferees appreciate NSF's
commitment to reviewing its portfolio of programs and proposing
reductions or terminations where appropriate. Such proposals
provide a more fiscally sustainable way to support new or
expanded programs. Accordingly, the conference agreement
incorporates all of NSF's R&RA; termination and reduction
proposals except for the requested reduction to the radio
astronomy program.
By accepting NSF's proposal to eliminate funding for the
Deep Underground Science and Engineering Laboratory (DUSEL),
the conference agreement completes a multi-year phase-out of
NSF involvement in this project. NSF is directed to report to
the Committees on Appropriations about future efforts or
commitments, if any, to collaborate with the Department of
Energy on a deep underground lab.
Advanced manufacturing.--The conference agreement adopts,
by reference, language in the House report regarding advanced
manufacturing.
Neuroscience.--NSF is uniquely positioned to advance the
non-medical aspects of cognitive sciences and neurosciences,
particularly through interdisciplinary science, computational
models, visualization techniques, innovative technologies, and
the underlying data and data infrastructure needed to transform
our understanding of these areas, and the conferees encourage
NSF to sustain and expand its investments in these areas. In
addition, to better focus the agency's efforts and guide future
budget submissions, NSF is encouraged to establish a cognitive
sciences and neurosciences crosscutting theme. The conferees
note that language is included under the OSTP heading
encouraging OSTP to establish a NSTC working group to
coordinate Federal investments in neuroscience research.
Giant Segmented Mirror Telescope (GSMT).--The direction
in this section is provided in lieu of any language in the
Senate report relating to the GSMT program. NSF has decided to
proceed with the selection of a viable GSMT project, consistent
with the National Research Council's (NRC) 2010 astronomy and
astrophysics decadal survey recommendations. The conferees
expect that this selection will be made expeditiously and
utilize a fully competitive process, with a solicitation issued
no later than the end of calendar year 2011 and a result
announced no later than July 31, 2012.
Cybersecurity research.--The conference agreement adopts,
by reference, language from the Senate report regarding
cybersecurity research.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The conference agreement includes $167,055,000 for Major
Research Equipment and Facilities Construction (MREFC).
Project priorities.--With the MREFC funding provided
either directly or via potential transfer from the R&RA;
account, NSF will be able to achieve significant progress on
its current portfolio of construction projects, but some
prioritization of funds will still be necessary. The conferees
expect that NSF will dedicate funds first to the completion of
projects that are already in the final stages of construction,
with remaining funds allocated to projects in earlier phases of
development.
Project funding profiles.--NSF should promptly review its
current portfolio of MREFC projects and their outyear funding
profiles to ensure they are consistent with fiscal year 2011
and 2012 appropriations. If adjustments to the portfolio in
either of those fiscal years will necessitate a revision of the
outyear funding profiles for any current or planned project,
NSF is directed to immediately report the revised profiles to
the Committees on Appropriations and to include the new
profiles in the fiscal year 2013 budget request.
Construction funding management.--The conferees remain
concerned about how NSF and its grantees are defining,
estimating and managing construction funding, particularly
contingency funds. Stronger management and oversight of these
funds could result in improved project efficiencies and,
ultimately, cost savings. NSF is directed to report to the
Committees on Appropriations on the steps it is taking to
impose tighter controls on the drawdown and use of
contingencies, as well as steps intended to incentivize
grantees to complete construction under budget, for projects
managed through the MREFC appropriation and for other large
facility projects. This report should be submitted no later
than 90 days after the enactment of this Act.
EDUCATION AND HUMAN RESOURCES
The conference agreement includes $829,000,000 for
Education and Human Resources (EHR).
Program changes.--In parallel with terminations and
reductions proposed in the R&RA; account, NSF has proposed a
number of program reductions or terminations within EHR. For
the most part, these cuts were proposed not due to any
dissatisfaction with the programs in question but rather
because NSF would prefer to implement new initiatives. The
conferees have no objection to this approach, with the
exception of the proposed reductions to the Robert Noyce
Scholarship Program and the Math and Science Partnership
program. The conferees do not believe that those cuts are
warranted solely to make room for new activities.
Broadening Participation at the Core.--The conference
agreement adopts, by reference, language from the House report
regarding funding levels for the existing Broadening
Participation at the Core programs.
Best practices in K-12 STEM education.--NSF is encouraged
to find more effective mechanisms for disseminating the results
of its education research to the K-12 STEM education community.
Such mechanisms could include partnerships with nonprofits and
professional associations, Webinars, newsletters and workshops,
drawing when possible on the resources of existing networks.
In particular, NSF is directed to ensure that the NRC
report entitled Successful K-12 STEM Education: Identifying
Effective Approaches in Science, Technology, Engineering, and
Mathematics is widely distributed within the educational and
scientific communities. In addition, NSF is directed to begin
work to identify methods for tracking and evaluating the
implementation of the recommendations in the NRC's report. NSF
and its collaborators should provide an evaluation plan to the
Committees on Appropriations within 12 months of the enactment
of this Act that describes these methods and recommends the
necessary steps that should be taken by NSF and other Federal
agencies to implement that plan. Within the amounts available
in this account, up to $500,000 should be used for the
formulation of the evaluation plan.
Hispanic Serving Institutions.--The conference agreement
adopts, by reference, language from the House report on
Hispanic Serving Institutions.
Federal Cyber Service: Scholarships for Service.--The
conferees adopt the Senate recommendation to expand the Federal
Cyber Service: Scholarships for Service program. The agreement
provides $45,000,000 for this program, which is $20,000,000
above the requested level.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The conference agreement includes $299,400,000 for Agency
Operations and Award Management.
OFFICE OF THE NATIONAL SCIENCE BOARD
The conference agreement includes $4,440,000 for the
National Science Board.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $14,200,000 for the
OIG.
ADMINISTRATIVE PROVISION
The conference agreement includes a provision that
establishes terms and conditions for the transfer of funds.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $9,193,000 for the
Commission on Civil Rights.
Improving oversight.--For fiscal year 2012, the
conference agreement establishes an inspector general (IG)
function for the Commission on Civil Rights and provides that
the function will be carried out by the individual holding the
position of IG at the Government Accountability Office (GAO).
The IG is tasked with the duties and responsibilities specified
in the Inspector General Act of 1978, including conducting
audits and reviews of Commission programs, finances and
personnel. The conference agreement provides funding for these
operations, in the amount of $250,000, by direct transfer to
the Office of Inspector General of the GAO.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The conference agreement includes $360,000,000 for the
Equal Employment Opportunity Commission (EEOC). The conference
agreement directs that $29,500,000 shall be available for
payments to State and local enforcement agencies to ensure that
the EEOC provides adequate resources to its State and local
partners.
Backlog reduction.--In order to advance EEOC's backlog
reduction goals, the conferees expect the EEOC to prioritize
efforts both to address the inventory of private sector
charges, such as through hiring or backfilling positions of
frontline mission critical staff, and to examine new ways to
address the backlog and increase productivity.
To assist in the monitoring of EEOC's hiring progress,
the conferees direct the EEOC to continue submitting quarterly
staffing reports, consistent with the direction provided in the
statement accompanying Public Law 111-117.
International Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $80,000,000 for the
International Trade Commission (ITC).
The conferees adopt by reference House report language
regarding internal control, financial management and
information technology security weaknesses and direct the ITC
to submit a report to the Committees on Appropriations not
later than 120 days after enactment of this Act.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The conference agreement includes $348,000,000 for the
Legal Services Corporation (LSC).
Pro bono legal services.--The conferees are pleased that
LSC launched a pro bono task force in 2011 and urge the LSC to
implement the recommendations of this task force as it
continues to work with LSC-funded programs to adopt measures
aimed at increasing the involvement of private attorneys in the
delivery of legal services to its clients.
Legal aid fellowships.--The conferees understand that LSC
is considering a proposal to create a fellowship program for
retirees or recent law school graduates who will commit to
working in legal aid for a designated period of time. The
conferees direct LSC to conduct a study of this proposal in
order to further develop how such a fellowship program would
work and how much it would cost to implement. LSC shall report
to the Committees on Appropriations with the results of that
study not later than 120 days after the enactment of this Act.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
Unauthorized uses of funds.--The conferees encourage the
Inspector General of the LSC to conduct annual audits of LSC
grantees to ensure that funds are not being used in
contravention of the restrictions on engaging in political
activities or any of the other restrictions by which LSC
grantees are required to abide. The conferees also recommend
the removal of funds from any LSC grantee determined by the
Inspector General to have engaged in political activity.
Marine Mammal Commission
SALARIES AND EXPENSES
The conference agreement includes $3,025,000 for the
Marine Mammal Commission.
Office of the United States Trade Representative
SALARIES AND EXPENSES
The conference agreement includes $51,251,000 for the
Office of the U.S. Trade Representative (USTR). The conferees
expect that funds provided will be used to vigorously enforce
existing trade agreements.
Monitoring and enforcement.--The conferees direct the
USTR, from funds provided in this Act, to hire no less than
four additional staff for the office of the Assistant USTR for
Monitoring and Enforcement. These staff, who shall be fluent in
Chinese, shall monitor and enforce China's compliance with its
WTO obligations and assist in early stage identification and
review of Chinese measures arising out of its Five Year Plans.
Responsiveness.--The conferees note that the USTR Office
of Legislative Affairs does not respond in a timely manner to
requests for information from the Committees on Appropriations.
Indifference shown by USTR Legislative Affairs in providing
yearly budget justifications or in responding to information
requests hampers the ability of the Congress to evaluate
proposals and conduct oversight. Accordingly, the conferees
direct the USTR to submit its detailed fiscal year 2013 budget
request to the Committees on Appropriations not later than two
days after the President's fiscal year 2013 budget request is
submitted.
Critical vacancies.--The conferees adopt by reference
House report language regarding a report on critical vacancies
and direct the USTR to provide a report to the Committees on
Appropriations not later than 60 days after enactment of this
Act.
State Justice Institute
salaries and expenses
The conference agreement includes $5,121,000 for the
State Justice Institute.
TITLE V--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
The conference agreement includes the following general
provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or existing Executive Order issued
pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employee; (5) reorganizes or renames offices, programs or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 permanently prohibits funds from being used
to implement, administer, or enforce any guidelines of the
Equal Employment Opportunity Commission covering harassment
based on religion similar to proposed guidelines published by
the EEOC in October 1993.
Section 507 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America, that person shall not be
eligible to receive any contract or subcontract with funds made
available in this Act. The section further provides that to the
extent practicable, with respect to purchases of promotional
items, funds made available under this Act shall be used to
purchase items manufactured, produced or assembled in the
United States or its territories or possessions.
Section 508 requires quarterly reporting to Congress on
the status of balances of appropriations.
Section 509 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in the Act shall be absorbed with the budgetary
resources available to the department or agency, and provides
transfer authority between appropriation accounts to carry out
this provision, subject to reprogramming procedures.
Section 510 prohibits funds made available in this Act
from being used to promote the sale or export of tobacco or
tobacco products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 511 permanently prohibits funds from being used
to implement a Federal user fee for background checks conducted
pursuant to the Brady Handgun Control Act of 1993, and to
implement a background check system that does not require and
result in the destruction of certain information within 24
hours.
Section 512 delays the obligations of any receipts
deposited into the Crime Victims Fund in excess of $705,000,000
until the following fiscal year. This language is continued to
ensure a stable source of funds will remain available for the
program, despite inconsistent levels of criminal fines
deposited annually into the Fund.
Section 513 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 514 prohibits the transfer of funds in the Act to
any department, agency or instrumentality of the United States
Government, except for transfers made by, or pursuant to
authorities provided in, this Act or any other appropriations
Act.
Section 515 provides that funds provided for E-Government
Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Section 516 requires the Bureau of Alcohol, Tobacco,
Firearms and Explosives to include specific language in any
release of tracing study data that makes clear that trace data
cannot be used to draw broad conclusions about firearms-related
crimes.
Section 517 requires certain timetables of audits
performed by Inspectors General of the Departments of Commerce
and Justice, the National Aeronautics and Space Administration,
the National Science Foundation, and the Legal Services
Corporation and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts appropriated
by this Act.
Section 518 prohibits funds for information technology
acquisitions unless the acquiring department or agency has
assessed the risk of cyber-espionage or sabotage. Each
department or agency covered under section 518 shall submit a
quarterly report to the Committees on Appropriations of the
House and the Senate describing assessments made pursuant to
this section and any associated findings or determinations of
risk.
Section 519 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 520 prohibits the use of funds in this Act to
require certain export licenses.
Section 521 prohibits the use of funds in this Act to
deny certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 522 prohibits the use of funds to include certain
language in trade agreements.
Section 523 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 524 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of at least 10 percent.
Section 525 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal year
2012.
Section 526 requires the departments and agencies funded
in this Act to establish and maintain on the homepages of their
Internet websites direct links to the Internet websites of
their Offices of Inspectors General, and a mechanism by which
individuals may anonymously report cases of waste, fraud or
abuse.
Section 527 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
IRS Code of 1986, and has no unpaid Federal tax assessment.
(RESCISSIONS)
Section 528 provides for rescissions of unobligated
balances in certain departments and agencies funded in this
Act. With respect to rescissions of unobligated balances from
the Office on Violence Against Women, the Office of Justice
Programs and the Office of Community Oriented Policing
Services, the conferees expect that rescissions will be from
grant deobligations and recoveries.
Section 529 prohibits the use of funds in this Act in a
manner that is inconsistent with the principal negotiating
objective of the United States with respect to trade remedy
laws.
Section 530 prohibits the use of funds in this Act for
the purchase of first class or premium air travel.
Section 531 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 532 includes language regarding detainees held at
Guantanamo Bay.
Section 533 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 534 prohibits the distribution of funds contained
in this Act to the Association of Community Organizations for
Reform Now or its subsidiaries.
Section 535 includes language regarding the purchase of
light bulbs.
Section 536 requires any department, agency or
instrumentality of the United States Government receiving funds
appropriated under this Act to track and report on undisbursed
balances in expired grant accounts.
Section 537 prohibits the use of funds to relocate the
Bureau of the Census or employees from the Department of
Commerce to the jurisdiction of the Executive Office of the
President.
Section 538 requires the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, and
the National Science Foundation to submit spending plans.
Section 539 prohibits the use of funds by the National
Aeronautics and Space Administration or the Office of Science
and Technology Policy to engage in bilateral activities with
China or a Chinese-owned company unless the activities are
authorized by subsequent legislation or NASA or OSTP have made
a certification pursuant to subsections (c) and (d) of this
section.
Section 540 specifies reporting requirements for certain
conferences held by any department, agency, board or commission
funded by this Act.
Section 541 prohibits funds made available by this Act
from being used to deny the importation of shotgun models if no
application for the importation of such models, in the same
configuration, had been denied prior to January 1, 2011, on the
basis that the shotgun was not particularly suitable for or
readily adaptable to sporting purposes.
Section 542 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 543 prohibits funds made available by this Act
from being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, unless an agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the government.
Section 544 prohibits funds made available by this Act
from being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, unless an agency
has considered suspension or debarment of the corporation and
has made a determination that this further action is not
necessary to protect the interests of the government.
Section 545 specifies reporting requirements regarding
vehicle fleets for all agencies and departments funded by this
Act.
Section 546 prohibits any funds from being used to
implement, administer, or enforce the ``Wage Methodology for
the Temporary Non-agricultural Employment H-2B Program'' prior
to January 1, 2012, to allow time for Congress to address this
rulemaking. In making prevailing wage determinations for the H-
2B nonimmigrant visa program for employment prior to January 1,
2012, the conferees direct the Secretary of Labor to continue
to apply the rule entitled ``Labor Certification Process and
Enforcement for Temporary Employment in Occupations Other Than
Agriculture or Registered Nursing in the United States (H-2B
Workers), and Other Technical Changes'' published by the
Department of Labor on December 19, 2008 (73 Fed. Reg. 78020 et
seq.).
DIVISION C--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
CONGRESSIONAL DIRECTIVES
The legislative intent in the House and Senate versions
in H.R. 2112 set forth in the accompanying Senate report (S.
Rept. 112-93) and in the report approved by the House
Transportation, Housing and Urban Development, and Related
Agencies Subcommittee on September 8, 2011 should be complied
with unless specifically addressed to the contrary in the
conference report and the statement of the managers. Report
language included by the House, which is not changed by the
report of the Senate or this statement of managers, and Senate
report language, which is not changed by this statement of
managers, is approved by the committee of conference. The
statement of the managers, while repeating some report language
for emphasis, does not intend to negate the language referred
to above unless expressly provided herein. In cases where the
House or the Senate has directed the submission of a report,
such report is to be submitted to both the House and Senate
Committees on Appropriations. The conferees direct the
Department of Transportation and the Department of Housing and
Urban Development to notify the House and Senate Committees on
Appropriations seven days prior to the announcement of a new
program or authority.
The conferees reiterate direction included in the Senate
report regarding the definitions of program, project and
activity; reductions made pursuant to sequestration;
reprogramming guidelines and requirements; operating plans;
working capital funds; and budget justifications. Further, the
conferees direct each department to include justifications on
each administrative and general provision requested in the
budget request materials.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The conference agreement provides $102,481,000 for the
salaries and expenses of the Office of the Secretary of
Transportation as an overall funding level as proposed by the
House rather than $102,202,000 as proposed by the Senate. The
agreement includes funding by office as specified below:
Immediate Office of the Secretary....................... $2,618,000
Immediate Office of the Deputy Secretary................ 984,000
Office of the Executive Secretariat..................... 1,595,000
Office of the Under Secretary for Transportation Policy. 10,107,000
Office of Small and Disadvantaged Business Utilization.. 1,369,000
Office of Intelligence, Security, and Emergency Response 10,778,000
Office of the Chief Information Officer................. 14,988,000
Office of the General Counsel........................... 19,515,000
Office of the Assistant Secretary for Governmental
Affairs............................................. 2,500,000
Office of the Assistant Secretary for Budget and
Programs............................................ 10,538,000
Office of the Assistant Secretary for Administration.... 25,469,000
Office of Public Affairs................................ 2,020,000
Office of Workforce Development......................... --
The conferees direct the Office of General Counsel to
provide a continued level of effort to protect airline
passengers.
NATIONAL INFRASTRUCTURE INVESTMENTS
The conference agreement provides $500,000,000 for
capital investments in surface transportation infrastructure,
instead of $550,000,000 as proposed by the Senate. The House
did not propose funding for this account. The conferees direct
the Secretary to focus on road, transit, rail and port
projects. No funds are provided for planning activities and the
Department is limited to $20,000,000 for program
administration.
FINANCIAL MANAGEMENT CAPITAL
The conference agreement provides $4,990,000 for the
financial management capital program as proposed by the Senate,
instead of $5,000,000 as proposed by the House.
CYBER SECURITY INITIATIVES
The conference agreement provides $10,000,000 for cyber
security initiatives as proposed by the Senate. The House did
not propose funding for this account.
OFFICE OF CIVIL RIGHTS
The conference agreement provides $9,384,000 for the
office of civil rights as proposed by the House, instead of
$9,648,000 as proposed by the Senate.
TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT
The conference agreement provides $9,000,000 for
transportation planning, research and development as proposed
by the House and Senate. The conferees agree to provide not
more than $1,000,000 to do a complete study authorized in
Section 9007 of Public Law 109-59.
WORKING CAPITAL FUND
The conference agreement includes a limitation of
$172,000,000 for working capital fund activities, rather than
$147,596,000 as proposed by the House and the Senate. The
conferees include language allowing for the transfer of funds
to the Working Capital Fund upon a majority approval of the
Working Capital Fund Steering Committee.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The conference agreement provides a total appropriation
of $922,000 as proposed by the House for the minority business
resource center program, instead of $921,000 as proposed by the
Senate. Within the funds provided $333,000 is for the costs of
guaranteed loans for short-term working capital and $589,000 is
provided for administrative expenses. The bill limits loans
made under this program to $18,367,000 as proposed by the House
and Senate.
MINORITY BUSINESS OUTREACH
The conference agreement provides $3,068,000 for minority
business outreach as proposed by the House and Senate.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $143,000,000 for
payments to air carriers as proposed by the Senate instead of
$100,000,000 as proposed by the House. In addition to these
funds, the program will receive $50,000,000 in mandatory
spending pursuant to the Federal Aviation Authorization Act of
1996. The agreement includes language, as proposed by the
Senate, that would limit funds to communities that received
subsidy or received a 90-day notice of intent to terminate
service and the Secretary required the air carrier to continue
providing service any time between September 30, 2010, and
September 30, 2011. The conference agreement also includes
language to direct the Secretary to transfer such sums as may
be necessary from the Office of the Secretary if funding is
insufficient to meet the costs of the program.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits funds in this Act available to the
Department of Transportation from being obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the normal
reprogramming process for Congressional notification.
Section 102 allows the Secretary of Transportation or his
designee to engage with states to consider proposals related to
the reduction of motorcycle fatalities.
Section 103 prohibits funds from being obligated or
expended to establish or implement a program where essential
air service communities are required to assume subsidy costs
commonly referred to as local participation.
Section 104 authorizes the Department of Transportation
to provide payments in advance to vendors for the Federal
transit pass fringe benefit program.
Section 105 requires the Secretary of Transportation to
post on the DOT website a schedule and an agenda of all Credit
Council meetings. The conferees direct the Department to
maintain records of the factors and criteria leading to funding
determinations on applications.
Section 106 rescinds unobligated balances made available
by section 185 of Public Law 109-115.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes $9,653,395,000 for
operations of the Federal Aviation Administration instead of
$9,673,962,000 as proposed by the House and $9,635,710,000 as
proposed by the Senate. Of the total amount provided,
$5,060,694,000 is to be derived from the airport and airway
trust fund. Funds are distributed in the bill by budget
activity. The Conference agreement includes all Operations base
transfers requested in the budget, and the conferees expect
that FAA's fiscal year 2013 budget will provide the same level
of detail on the offices within the new Finance and Management
organization as in previous years. In addition, the conferees
direct that FAA move the Office of Audit and Evaluation (AAE)
from within Office of the Chief Counsel (AGC) and realign it as
an independent Staff Office reporting directly to the FAA
Administrator.
The following table compares the conference agreement to
the levels proposed in the House and Senate bills by budget
activity, pursuant to the reorganizational reprogramming
activity approved by the Committees in September:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Conference
Program House Senate Agreement
----------------------------------------------------------------------------------------------------------------
Air Traffic Organization............................... 7,618,352 7,560,815 7,442,738
Aviation Safety........................................ 1,250,514 1,253,381 1,252,991
Commercial Space....................................... 13,000 15,005 16,271
Finance and Management................................. ................. ................. 582,117
NextGen................................................ ................. ................. 60,134
Human Resources........................................ 99,005 98,858 98,858
Staff Offices.......................................... 186,347 207,065 200,286
Conference Total................................... ................. ................. 9,653,395
----------------------------------------------------------------------------------------------------------------
Justification of general provisions.--The conference
agreement directs the FAA to provide a justification for each
general provision proposed in the fiscal year 2013 budget.
Air Traffic Controller Optimum Training Solution
(ATCOTS).--The conference agreement directs the FAA to report
back within 60 days on modifications to the ATCOTS program that
will accommodate training for all required new controllers and
facilitate modern learning principles.
Workforce diversity.--The conferees direct FAA to
continue to provide a report detailing data and information on
the agency's recruitment outreach and hiring efforts in
minority communities. The letter report should also include a
year-to-year comparison of hiring statistics and shall be
submitted to the House and Senate Appropriations Committees by
January 15, 2012.
En Route Automation Modernization (ERAM) Operations
funding.--The conference agreement provides no additional
funding for ERAM related cost increases and directs the FAA to
pay for all ERAM related program activities from the Facilities
and Equipment account until operational readiness is achieved
at Salt Lake or Seattle Center, consistent with prior program
management practice.
Aviation safety (AVS).--The conference agreement provides
$1,252,991,000 for aviation safety, which includes an increase
of 35 additional flight standards inspectors and related safety
staff and 20 aircraft certification personnel.
Special use airspace of unmanned aerial system (UAS).--
The conferees direct FAA to provide a progress report to the
House and Senate Appropriations Committees, no later than 60
days after enactment, which describes and assesses the
establishment of special use airspace to fill defense research
needs related to UASs, particularly in the development of
detection techniques for small unmanned aerial vehicles.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes $2,730,731,000 for FAA
facilities and equipment instead of $2,798,250,000 as proposed
by the House and $2,630,731,000 as proposed by the Senate. Of
the total amount available, $475,000,000 is available until
September 30, 2012, and $2,255,731,000 is available until
September 30, 2014. The bill includes language directing FAA to
transmit a detailed five-year capital investment plan to
Congress with its fiscal year 2013 budget submission.
The following table provides a breakdown of the House and
Senate bills and the conference agreement by program:
----------------------------------------------------------------------------------------------------------------
House Bill Senate Bill Conference
----------------------------------------------------------------------------------------------------------------
Activity 1, Engineering, Development, Test and
Evaluation:
Advanced Technology Development and Prototyping.... $31,900,000 $24,000,000 $29,000,000
NAS Improvement of System Support Laboratory....... 1,000,000 1,000,000 1,000,000
William J. Hughes Technical Center Facilities...... 15,000,000 14,000,000 14,000,000
William J. Hughes Technical Center Infrastructure 7,500,000 7,500,000 7,500,000
Sustainment.......................................
Next Generation Network Enabled Weather (NNEW)..... 0 18,000,000 0
Data Communications in support of Next Generation 143,000,000 109,000,000 143,000,000
Air Transportation System.........................
Next Generation Transportation System Demonstration 16,900,000 15,000,000 15,000,000
and Infrastructure Development....................
Next Generation Transportation System--System 90,000,000 70,000,000 85,000,000
Development.......................................
Next Generation Transportation System--Trajectory 9,300,000 7,000,000 7,000,000
Based Operations..................................
Next Generation Transportation System--Weather 15,600,000 10,000,000 15,600,000
Reduction Impact..................................
Next Generation Transportation System--High Density 14,300,000 10,000,000 12,000,000
Arrivals/Departures...............................
Next Generation Transportation System-- 28,000,000 22,000,000 24,000,000
Collaborative ATM.................................
Next Generation Transportation System--Flexible 36,300,000 32,000,000 33,300,000
Terminals and Airports............................
Next Generation Transportation System--Safety 0 0 0
Security and Environment..........................
Next Generation Transportation System--Networked 9,000,000 5,000,000 5,000,000
Facilities........................................
Next Generation Air transportation System--Future 19,500,000 10,000,000 15,000,000
Facilities........................................
Joint Planning and Development Office (JPDO)....... 0 3,000,000 0
Performance Based Navigation....................... 29,200,000 26,200,000 29,200,000
--------------------------------------------------------
Total, Activity 1.............................. 466,500,000 383,700,000 435,600,000
========================================================
Activity 2, Air Traffic Control Facilities and
Equipment:
En Route Programs:
En Route Automation Modernization (ERAM)........... 148,000,000 148,500,000 155,000,000
En Route Automation Modernization (ERAM)--PER3..... 0 3,356,000 0
En Route Communications Gateway (ECG).............. 2,000,000 2,000,000 2,000,000
Next Generation Weather Radar (NEXRAD)--Provide.... 2,800,000 2,800,000 2,800,000
Air Traffic Control System Command Center (ATCSCC)-- 3,600,000 3,600,000 3,600,000
Relocation........................................
ARTCC Building Improvements/Plant Improvements..... 46,000,000 36,000,000 41,000,000
Air Traffic Management (ATM)....................... 7,500,000 7,500,000 7,500,000
Air/Ground Communications Infrastructure........... 4,800,000 4,800,000 4,800,000
Air Traffic Control En Route Radar Facilities 5,800,000 5,800,000 5,800,000
Improvements......................................
Voice Switching and Control System (VSCS).......... 1,000,000 1,000,000 1,000,000
Oceanic Automation System.......................... 6,000,000 4,000,000 4,000,000
Next Generation Very High Frequency Air/Ground 45,150,000 45,150,000 45,150,000
Communications System (NEXCOM)....................
System-Wide Information Management (SWIM).......... 66,350,000 66,350,000 66,350,000
ADS-B NAS Wide Implementation...................... 285,100,000 285,100,000 285,100,000
Windshear Detection Services....................... 1,000,000 1,000,000 1,000,000
Weather and Radar Processor (WARP)................. 2,500,000 2,500,000 2,500,000
Collaborative Air Traffic Management Technologies.. 41,500,000 41,500,000 41,500,000
Colorado Wide Area Multilateration (WAM)........... 3,800,000 3,800,000 3,800,000
Automated Terminal Information Service (ATIS)...... 1,000,000 1,000,000 1,000,000
Time-Based Flow Management (TBFM).................. 38,700,000 38,700,000 38,700,000
--------------------------------------------------------
Subtotal En Route Programs..................... 712,600,000 704,456,000 712,600,000
Terminal Programs:
Airport Surface Detection Equipment--Model X (ASDE- 2,200,000 2,200,000 2,200,000
X)................................................
Terminal Doppler Weather Radar (TDWR).............. 7,700,000 6,000,000 7,700,000
Standard Terminal Automation Replacement System 25,000,000 25,000,000 25,000,000
(STARS) (TAMR Phase 1)............................
Terminal Automation Modernization/Replacement 108,750,000 98,750,000 108,750,000
Program (TAMR Phase 3)............................
Terminal Automation Program........................ 2,500,000 2,500,000 2,500,000
Terminal Air Traffic Control Facilities--Replace... 51,600,000 51,600,000 51,600,000
ATCT/Terminal Radar Approach Control (TRACON) 56,900,000 45,000,000 52,000,000
Facilities--Improve...............................
Terminal Voice Switch Replacement (TVSR)........... 10,000,000 8,000,000 8,000,000
NAS Facilities OSHA and Environmental Standards 26,000,000 20,000,000 24,600,000
Compliance........................................
Airport Surveillance Radar (ASR-9)................. 6,000,000 6,000,000 6,000,000
Terminal Digital Radar (ASR-11).................... 3,900,000 3,900,000 3,900,000
Runway Status Lights............................... 29,800,000 20,000,000 29,800,000
National Airspace System Voice Switch (NVS)........ 19,800,000 9,000,000 9,000,000
Integrated Display System (IDS).................... 8,800,000 8,800,000 8,800,000
Remote Maintenance and Logging System (RMLS)....... 4,200,000 4,200,000 4,200,000
ASR-8 Service Life Extension Program (SLEP)........ 0 0 0
Mode S Service Life Extension Program (SLEP)....... 4,000,000 4,000,000 4,000,000
--------------------------------------------------------
Subtotal Terminal Programs..................... 367,150,000 314,950,000 348,050,000
Flight Service Programs:
Automated Surface Observing System (ASOS).......... 2,500,000 2,500,000 2,500,000
Flight Service Station (FSS) Modernization--Alaska 4,500,000 4,500,000 4,500,000
Flight Service Modernization (AFSM)...............
Weather Camera Program............................. 1,500,000 4,800,000 4,800,000
--------------------------------------------------------
Subtotal Flight Service Programs............... 8,500,000 11,800,000 11,800,000
Landing and Navigational Aids Program:
VHF Omnidirectional Radio Range (VOR) with Distance 5,000,000 5,000,000 5,000,000
Measuring Equipment (DME).........................
Instrument Landing System (ILS)--Establish......... 5,000,000 5,000,000 5,000,000
Wide Area Augmentation System (WAAS) for GPS....... 85,000,000 110,000,000 95,000,000
Runway Visual Range (RVR).......................... 5,000,000 5,000,000 5,000,000
Approach Lighting System Improvement Program 5,000,000 5,000,000 5,000,000
(ALSIP)...........................................
Distance Measuring Equipment (DME)................. 5,000,000 5,000,000 5,000,000
Visual NAVAIDS--Establish/Expand................... 3,400,000 3,400,000 3,400,000
Instrument Flight Procudures Automation (IFPA)..... 2,200,000 2,200,000 2,200,000
Navigation and Landing Aids--Service Life Extension 6,000,000 7,000,000 7,000,000
Program (SLEP)....................................
VASI Replacement--Replace with Precision Approach 7,000,000 8,000,000 8,000,000
Path Indicator....................................
GPS Civil Requirements............................. 19,000,000 36,000,000 19,000,000
Runway Safety Areas--Navigational Mitigation....... 25,000,000 25,000,000 25,000,000
--------------------------------------------------------
Subtotal Landing and Navigational Aids Programs 172,600,000 214,600,000 184,600,000
Other ATC Facilities Programs:
Fuel Storage Tank Replacement and Monitoring....... 6,400,000 4,400,000 5,400,000
Unstaffed Infrastructure Sustainment............... 18,000,000 15,000,000 18,000,000
Aircraft Related Equipment Program................. 11,700,000 11,700,000 11,700,000
Airport Cable Loop Systems--Sustained Support...... 5,000,000 5,000,000 5,000,000
Alaskan Satellite telecommunications Infrastructure 16,000,000 15,500,000 15,500,000
(ASTI)............................................
Facilities Decommissioning......................... 5,000,000 5,000,000 5,000,000
Electrical Power Systems--Sustain/Support.......... 85,600,000 68,000,000 77,581,000
Aircraft Fleet Modernization....................... 9,000,000 6,000,000 9,000,000
FAA employee housing and Life Safety Shelter System 2,500,000 2,500,000 2,500,000
Service...........................................
--------------------------------------------------------
Subtotal Other ATC Facilities Programs......... 159,200,000 133,100,000 149,681,000
--------------------------------------------------------
Total, Activity 2.......................... 1,420,050,000 1,378,906,000 1,406,731,000
--------------------------------------------------------
Activity 3, Non-Air Traffic Control Facilities and
Equipment:
Support Equipment:
Hazardous Materials Management..................... 20,000,000 20,000,000 20,000,000
Aviation Safety Analysis System (ASAS)............. 30,100,000 30,100,000 30,100,000
Logistics Support System and Facilities (LSSF)..... 10,000,000 10,000,000 10,000,000
National Airspace System Recovery Communications 12,000,000 12,000,000 12,000,000
(RCOM)............................................
Facility Security Risk Management.................. 18,000,000 16,000,000 16,000,000
Information Security............................... 17,000,000 15,000,000 15,200,000
System Approach for Safety Oversight............... 23,600,000 23,600,000 23,600,000
Aviation Safety Knowledge Management Environment 17,200,000 17,200,000 17,200,000
(ASKME)...........................................
Data Center Operations............................. 1,000,000 0 1,000,000
Aerospace Medical System Support................... 12,000,000 10,000,000 10,000,000
--------------------------------------------------------
Subtotal Support Equipment..................... 160,900,000 153,900,000 155,100,000
Training, Equipment and Facilities:
Aeronautical Center Infrastructure Modernization... 18,000,000 15,000,000 16,500,000
Distance Learning.................................. 1,500,000 1,500,000 1,500,000
National Airspace System (NAS) Training--Simulator. ................. ................. .................
--------------------------------------------------------
Subtotal Training, Equipment and Facilities.... 19,500,000 16,500,000 18,000,000
--------------------------------------------------------
Total, Activity 3.......................... 180,400,000 170,400,000 173,100,000
========================================================
Activity 4, Facilities and Equipment Mission Support:
System Support and Services:
System Engineering and Development Support......... 32,900,000 28,500,000 32,900,000
Program Support Leases............................. 41,700,000 40,000,000 40,000,000
Logistics Support Services (LSS)................... 11,700,000 10,100,000 11,700,000
Mike Monroney Aeronautical Center Leases........... 17,000,000 17,000,000 17,000,000
Transition Engineering Support..................... 13,000,000 11,300,000 13,000,000
Technical Support Services Contract (TSSC)......... 22,000,000 19,100,000 22,000,000
Resource Tracking Program (RTP).................... 4,000,000 4,000,000 4,000,000
Center for Advanced Aviation System Development 80,800,000 71,000,000 78,000,000
(CAASD)...........................................
Aeronautical Information Management Program........ 26,300,000 20,224,000 20,200,000
Permanent Change of Station (PCS) Moves............ 2,500,000 2,500,000 1,500,000
--------------------------------------------------------
Total, Activity 4.............................. 251,900,000 223,724,000 240,300,000
========================================================
Activity 5, Personnel and Related Expenses:
Personnel and Related Expenses--................... 480,000,000 474,000,000 475,000,000
--------------------------------------------------------
Total, All Activities.......................... 2,798,850,000 2,630,730,000 2,730,731,000
========================================================
----------------------------------------------------------------------------------------------------------------
Performance Based Navigation.--The conference agreement
provides $29,200,000 for Performance Based Navigation, as
proposed by the House. The agreement provides $3,000,000 over
the request for a demonstration project to utilize third
parties to design, deploy and maintain public use Required
Navigation Performance (RNP) procedures at five mid-sized
airports where aircraft flying RNP arrivals would achieve
measurable benefit.
System-wide information management system (SWIM).--The
conference agreement includes $66,350,000 for the SWIM program.
The conferees direct FAA to provide a progress report to the
House and Senate Committees on Appropriations by February 15,
2012 on FAA's development and deployment of Segment 1
capabilities and the expected requirements, development and
deployment of Segment 2.
Navigation and landing aids-service life extension
program (SLEP).--The conference agreement includes $7,000,000
for navigation and landing aids. Within the amount provided,
$1,000,000 is for the procurement and installation of
additional runway end identification light (REIL) systems.
VASI replacement-replace with precision approach path
indicator.--The conference agreement includes $8,000,000 for
the replacement of VASI systems with Precision Approach Path
Indicator (PAPI) systems. Within the amount provided,
$1,000,000 is for the procurement of additional PAPI systems.
Alternate positioning, navigation and timing (APNT).--The
conferees understand FAA is conducting a review of APNT
capabilities that support communication, navigation, and
surveillance applications in the event of a loss of Global
Navigation Satellite Services (GNSS) to ensure that operations
are appropriately supported and consistent with the evolution
to NextGen. The conferees support this review and encourage the
FAA to move forward with research, development and potential
implementation of systems, avionics, processes, and procedures
that leverage available assets to minimize the impact to system
capacity and efficiency during periods of GNSS interference.
RESEARCH, ENGINEERING AND DEVELOPMENT
(AIRPORT AIRWAY TRUST FUND)
The bill provides $167,556,000 for the FAA's research,
engineering, and development activities, instead of
$175,000,000 as proposed by the House and $157,000,000 as
proposed by the Senate. The following table compares the House
and Senate bills with the conference agreement by budget
activity:
----------------------------------------------------------------------------------------------------------------
Conference
Program House Bill Senate Bill Agreement
----------------------------------------------------------------------------------------------------------------
Improve Aviation Safety................................ $94,249,000 $87,775,000 $89,314,000
Fire research and safety........................... 8,157,000 7,158,000 7,158,000
Propulsion and fuel systems........................ 3,611,000 2,300,000 2,300,000
Advanced materials/structural safety............... 2,605,000 2,534,000 2,534,000
Atmospheric hazards/digital system safety.......... 5,404,000 5,404,000 5,404,000
Aging aircraft..................................... 12,589,000 10,632,000 11,600,000
Aircraft catastrophic failure prevention........... 1,502,000 1,147,000 1,147,000
Flightdeck safety/systems integration.............. 6,162,000 6,162,000 6,162,000
Aviation safety risk analysis...................... 10,027,000 10,027,000 10,027,000
ATC/AF human factors............................... 10,634,000 10,364,000 10,364,000
Aeromedical research............................... 11,617,000 11,000,000 11,000,000
Weather research................................... 16,366,000 16,043,000 16,043,000
Unmanned aircraft system........................... 3,504,000 3,504,000 3,504,000
NextGen Alternative Fuels for General Aviation..... 2,071,000 1,500,000 2,071,000
Improve Efficiency of the ATC System................... 33,905,000 28,134,000 34,174,000
Joint program and development office............... 0 6,500,000 5,000,000
Wake turbulence.................................... 10,674,000 9,064,000 10,674,000
NextGen--Air Ground Integration.................... 10,545,000 5,303,000 7,000,000
NextGen--Self Separation........................... 3,500,000 5,060,000 3,500,000
NextGen--Weather Technology in the Cockpit......... 9,186,000 2,207,000 8,000,000
Reduce Environmental Impacts........................... 41,351,000 35,597,000 38,574,000
Environment and energy............................. 16,351,000 15,074,000 15,074,000
NextGen Environmental Research--Aircraft 25,000,000 20,523,000 23,500,000
Technologies, Fuels and Metrics...................
Mission Support........................................ 5,495,000 5,494,000 5,494,000
System planning and resource management............ 1,718,000 1,717,000 1,717,000
Technical laboratory facilities.................... 3,777,000 3,777,000 3,777,000
--------------------------------------------------------
Total.......................................... 175,000,000 157,000,000 167,556,000
----------------------------------------------------------------------------------------------------------------
NextGen environmental research--aircraft technologies,
fuels and metrics.--The conference agreement includes
$23,500,000 for the FAA's NextGen environmental research
aircraft technologies, fuels and metrics program. The conferees
direct FAA to use funds above the budget request to expedite
the development of viable alternative fuels that can be used in
aircraft and to continue the efforts of FAA's continuous, lower
energy, emissions, and noise program (CLEEN). These additional
funds are designated as an item of congressional interest and
the conferees direct FAA not to reprogram these funds without
the specific approval of the House and Senate Committees on
Appropriations.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes a liquidating cash
appropriation of $3,435,000,000; an obligation limitation of
$3,350,000,000; a limitation on administrative expenses of not
more than $101,000,000; no less than $15,000,000 for the
airport cooperative research program; and no less than
$29,250,000 for airport technology research.
Small community air service development pilot program.--
The bill includes $6,000,000 under the obligation limitation to
continue the small community air service development pilot
(SCASDP) program and directs the FAA to transfer funds to OST
salaries and expenses appropriation.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the Center for Advanced Aviation Systems Development as
proposed by the House and Senate.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA ``without
cost'' building construction or space as proposed by the House
and Senate.
Section 112 allows the FAA to be reimbursed for amounts
made available for 49 U.S.C. 41742(a)(1) as fees are collected
and credited under 49 U.SC. 45303 as proposed by the House and
Senate.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account as proposed by the House and
Senate.
Section 114 prohibits funds limited in this Act for the
Airport Improvement Program to be provided to an airport that
refuses a request from the Secretary of Transportation to use
public space at the airport for the purpose of conducting
outreach on air passenger rights as proposed by the House and
Senate.
Section 115 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday as proposed by the
House and Senate.
Section 116 prohibits funds in the Act from being used to
buy store gift cards with Government issued credit cards as
proposed by the House and Senate.
Section 117 allows all airports experiencing the required
level of boardings through charter and scheduled air service to
be eligible for funds under 49 U.S.C. 47114(c) as proposed by
the Senate.
Section 118 prohibits funds from being obligated or
expended for retention bonuses for FAA employees without prior
written approval of the DOT Deputy Assistant Secretary for
Administration.
Section 119 limits to 20 percent the cost share required
under the contract tower cost-share program.
Section 119A reverses changes made to the Block Aircraft
Registry Request program and prohibits future changes to the
program, as proposed by the House and Senate.
Section 119B prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey as proposed by the House.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement limits obligations for
administrative expenses of the Federal Highway Administration
(FHWA) to $412,000,000, which is equal to the annualized level
of contract authority under the latest surface transportation
extension, P.L. 112-30, plus $3,144,750 in carryover contract
authority, plus $16,000,000 in funds that the Secretary may
transfer from the 14 discretionary highway programs, if
necessary, to ensure proper oversight. The 14 programs impacted
are: Delta Region Transportation Development; Ferry Boats
Discretionary Projects; Highways for LIFE Demo Projects;
Innovative Bridge Research & Deployment; Interstate Maintenance
Discretionary; National Historic Covered Bridge Preservation;
National Scenic Byways; Public Lands Highway Discretionary;
Railway-Highway Crossings Hazard Elimination in HSR Corridors;
Transportation, Community, and System Preservation; Truck
Parking Pilot Program; Disadvantaged Business Enterprises
Services; On-the-Job Training Services; and, Value Pricing
Pilot Program.
In addition, the conferees provide $3,220,000 in contract
authority above this limitation for the administrative expenses
of the Appalachian Regional Commission pursuant to 23 U.S.C.
104.
Information Technology Improvements.--The conferees
recommend at least $2,000,000 of funds provided should be for
the Delphi system and accounting services, the IPv6 transition,
and FHWA's share in the implementation of the financial
management business transformation. These are important
improvements to the administration of the federal-aid highways
program.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for the
federal-aid highways program to $39,143,582,670 in fiscal year
2012, which is the annualized level of contract authority under
the latest surface transportation extension, P.L. 112-30.
Solvency of Highway Trust Fund.--The conferees
acknowledge this obligation limitation will deplete almost all
resources from the Highway Trust Fund by the end of fiscal year
2012, causing the FHWA to begin cash-management procedures that
may result in States not receiving timely reimbursement of
highway construction expenses. Further, without enactment of a
new surface transportation authorization bill with large
amounts of additional revenues this year, the Highway Trust
Fund will be unable to support a highway program in fiscal year
2013. The conferees strongly urge the committees of
jurisdiction to enact surface transportation legislation that
provides substantial long-term funding to continue the federal-
aid highways program.
Commercial Motor Vehicle Parking.--The conferees direct
FHWA to study the shortage of commercial motor vehicle parking,
including the impact of such on operators' compliance with
federal safety requirements, and to report findings to the
Committees on Appropriations within 180-days of enactment of
this Act.
The conference agreement does not include a requirement
for FHWA to report on transportation construction projects
impacting local roads as proposed by the House.
Additionally, the conference agreement does not include a
requirement for FHWA to investigate developing a comprehensive,
department-wide corrosion analysis mitigation tool or a
requirement for FHWA to report on the viability and cost-
savings of developing such tool as proposed by the House.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation of $39,882,582,670, which is available until
expended, to pay the outstanding obligations of the various
highway programs at the levels provided in this Act and prior
appropriations Acts. This level reflects the annualized
contract authority provided under the latest surface
transportation extension, P.L. 112-30, including contract
authority both subject to and exempt from the obligation
limitation.
EMERGENCY RELIEF
The conference agreement appropriates $1,662,000,000 in
additional funds for the Emergency Relief Program, which is
available until expended, for qualifying emergency repair
expenses relating to major disasters declared pursuant to the
Stafford Act, 42 U.S.C. 5121 et seq.
The conference agreement waives the per-State, per-
disaster cap of $100,000,000 for certain disaster events in
fiscal year 2011 relating to Hurricane Irene and flooding of
the Missouri River. The conference agreement also directs the
Secretary to extend the 180-day time period under 23 U.S.C.
120(e), in consideration of delays in a State's ability to
access damaged facilities to evaluate damages and estimate the
cost of such repairs, for eligible disasters in fiscal years
2011 and 2012.
RESCISSION
The conference agreement does not include a rescission of
$73,000,000 as proposed by the Senate.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 retains the provision as proposed by the
Senate that distributes the federal-aid highways program
obligation limitation.
Section 121 retains the provision as proposed by the
House and the Senate that allows funds received by the Bureau
of Transportation Statistics from the sale of data products to
be credited to the federal-aid highways account.
Section 122 retains the provision as proposed by the
House and the Senate that provides requirements for any waiver
of Buy American requirements.
Section 123 retains the provision as proposed by the
House and the Senate that prohibits tolling in Texas, with
exceptions.
Section 124 retains with modification the provision
proposed by the House that directs GAO to study how States and
public transit authorities use their authority to transfer
federal funds between the highway and transit programs and to
submit a report within a year of enactment.
Section 125 retains with modification the provision
proposed by the Senate that allows the State laws of Maine and
Vermont regarding vehicle weight limitations to apply to all
portions of the Interstate Highway System within each State,
notwithstanding the requirements of 23 U.S.C. 127(a)(11), for a
time period of approximately twenty years.
Section 126 is a new provision that allows the Secretary
to transfer up to $16,000,000 from discretionary federal-aid
highway programs to the FHWA administrative expenses account.
The conference agreement does not include Sections 124 or
128, as proposed by the Senate.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement includes a liquidation of
contract authorization and a limitation on obligations of
$247,724,000 for the operating and program expenses of the
Federal Motor Carrier Safety Administration (FMCSA). Of this
limitation, $8,543,000 is to remain available for obligation
until September 30, 2014, as proposed by the Senate;
$191,918,800 is recommended for operating expenses; and
$47,262,200 is recommended for program expenses. The conference
agreement modifies the Senate direction to FMCSA to report on
March 30, 2012 on the agency's ability to meet its requirement
to conduct compliance safety reviews on high risk carriers.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING RESCISSION)
The conference agreement provides a liquidating cash
appropriation and a limitation on obligations of $307,000,000
for motor carrier safety grants, as proposed by the Senate,
modified to provide $29,000,000 for the audits of new entrant
motor carriers, as proposed by the House. The conference
agreement provides funding for motor carrier safety grants as
follows:
------------------------------------------------------------------------
Program Funding
------------------------------------------------------------------------
Motor carrier safety assistance program................ $212,000,000
Commercial driver's license (CDL) program improvement 30,000,000
grants................................................
Border enforcement grants.............................. 32,000,000
Performance and registration information system 5,000,000
management grant......................................
Commercial vehicle information systems and networks 25,000,000
deployment............................................
Safety data improvement grants......................... 3,000,000
------------------------------------------------------------------------
The conference agreement also permanently rescinds
$1,000,000 in prior-year unobligated balances, as proposed by
the Senate, to cover costs associated with FMCSA Administrative
Provision 131.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 retains the provision proposed by the House
and the Senate that subjects funds appropriated in this Act to
the terms and conditions of section 350 of Public Law 107-87
and section 6901 of Public Law 110-28, including that the
Secretary submit a report on Mexico-domiciled motor carriers.
Section 131 retains the provision proposed by the Senate
that does not require repayment of certain Commercial Vehicle
Information Systems and Networks (CVISN) grant funds that were
awarded improperly by FMCSA to States between 2006 and 2010.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The conference agreement provides $140,146,000 from the
general fund for operations and research, as proposed by the
Senate. Of this amount, a total of $20,000,000 shall remain
available until September 30, 2013, as proposed by the Senate.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation and an obligation limitation of $109,500,000, to
remain available until expended. Of the total, $105,500,000 is
provided for the highway safety research and development
programs under 23 U.S.C. 403 and $4,000,000 is provided for the
National Driver Register under 49 U.S.C. 303, as proposed by
the House and the Senate. Of the total limitation, $20,000,000
shall remain available until September 30, 2013, and shall be
in addition to any limitation imposed on obligations in future
fiscal years, as proposed by the Senate.
Repurposed Seatbelt Grants Funding.--The conferees
repurpose $25,000,000 of the Safety Belt Performance Grants to
fully fund the modernization of the National Automotive
Sampling System (NASS). The conferees direct NHTSA to follow
all directives contained in the Senate Committee report
relating to the NASS modernization, including those relating to
enhanced data collection and new reporting requirements.
The conferees do not provide any repurposed Safety Belt
Performance Grants funding to enhance the ongoing cooperative
research effort between NHTSA and the Automotive Coalition for
Traffic Safety to develop driver alcohol detection systems, or
for the distracted driver program as proposed by the Senate.
Unsecured loads.--The conferees direct the GAO to report
to the Committees on Appropriations on the various State laws,
associated penalties, exemptions, and enforcement actions
associated with unsecured loads within one year of enactment of
this Act. Further, NHTSA is directed to collect and classify
data from automobile accidents involving road debris as
proposed by the Senate.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation and an obligation limitation of $550,328,000 for
highway traffic safety grants, to remain available until
expended, as proposed by the Senate. The conference agreement
recommends as follows:
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Highway Safety Programs (section 402).................. $235,000,000
Occupant Protection Incentive Grants (section 405)..... 25,000,000
Safety Belt Performance Grants (section 406)........... 28,500,000
National Automotive Sampling System.................... 25,000,000
State Traffic Safety Information System Improvement 34,500,000
Grants (section 408)..................................
Alcohol-Impaired Driving Countermeasures Incentive 139,000,000
Grants (section 410)..................................
Motorcyclist Safety Grants (section 2010).............. 7,000,000
Child Safety and Child Booster Seat Safety Incentive 7,000,000
Grants (section 2011).................................
High Visibility Enforcement Program (section 2009)..... 29,000,000
Administrative Expenses................................ 25,328,000
------------------------------------------------------------------------
Distracted Driver.--The conferees direct NHTSA, in
conjunction with the Centers for Disease Control (CDC), to
conduct an analysis of available research on distracted
driving, and to report on the extent to which electronic
devices can be causally linked to the reported rise in fatal
accidents or injuries involving distracted driving, as well as
the impact distracted driving prevention laws and enforcement
actions can have on motorist behavior.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 retains the provision as proposed by the
House and the Senate that provides funding for travel and
related expenses for state management reviews and highway
safety core competency development training.
Section 141 retains the provision as proposed by the
House and the Senate that exempts obligation authority that was
made available in previous public laws for multiple years from
the limitations on obligations set for the current year.
Section 142 retains the provision as proposed by the
House and Senate that prohibits the use of funds to implement
23 U.S.C. 404.
Federal Railroad Administration
SAFETY AND OPERATIONS
The conference agreement provides $178,596,000 for safety
and operations of the Federal Railroad Administration (FRA)
instead of $180,867,000 proposed by the House and $176,596,000
proposed by the Senate. Of the funds provided, $12,300,000 is
available until expended as proposed by the Senate.
Positive Train Control.--The conferees expect the FRA to
complete the necessary PTC rulemakings, and directs the FRA to
report to the House and Senate Appropriations Committees, by
March 1, 2012, on (a) the status of the revisions under
consideration and (b) the FRA assessment of the progress being
made by the railroad carriers in complying with the PTC
statutory deadlines.
RAILROAD RESEARCH AND DEVELOPMENT
The conference agreement provides $35,000,000 for
railroad research and development, instead of $35,030,000 as
proposed by the House and $30,000,000 as proposed by the
Senate. The conferees include funding for the research accounts
as proposed by the House with the exception of R&D; facilities
and test equipment which shall be $2,345,000.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The conference agreement authorizes the Secretary to
issue notes or other obligations pursuant to section 512 of
P.L. 94-210 as proposed by both the House and Senate.
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
The conference agreement provides a total of
$1,418,000,000 for the operations, capital improvements and
debt service to the National Railroad Passenger Corporation
(Amtrak).
OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The conference agreement provides $466,000,000 in
operating grants to Amtrak instead of $227,000,000 proposed by
the House and $544,000,000 proposed by the Senate.
Business plan.--The conference agreement includes
language as proposed by the House that requires Amtrak to
provide semiannual reports in electronic format regarding the
pending business plan as well as progress against the
milestones and target dates contained in its financial
performance improvement plan provided in fiscal year 2011.
Further, these plans shall include a comprehensive fleet plan
which shall establish year-specific goals and milestones and
discuss potential, current and preferred financing options for
all such activities.
The conference agreement includes bill language as
proposed by the House which prohibits Amtrak from discounting
tickets at more than 50 percent off the normal, peak fare after
March 1, 2012, unless the operating loss due to the discounted
fare is covered by a State. The Senate did not propose a
similar provision.
The conferees encourage Amtrak to carry $200,000,000 in
reserves within their Operating account, and encourage use of
any favorable ticket revenue to get to this amount before using
this favorable ticket revenue on Capital expenses unless such
Capital expenses are necessary to ensure the safe operation and
maintenance of the passenger rail system.
The conference agreement does not include a requirement
for the Amtrak IG to report quarterly on Amtrak operational
efficiencies and overhead expenses as proposed by the House as
Section 207 of the Passenger Rail Investment and Improvement
Act requires similar reporting requirements by the Federal
Railroad Administration.
The conference agreement does not require Amtrak to
report on plans to improve food and beverage service and first
class service as proposed by the House.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The conference agreement provides $952,000,000 for
capital and debt service payment grants to Amtrak, instead of
$890,954,000 as proposed by the House, and $936,778,000 as
proposed by the Senate. Within the funds provided, the
conference agreement includes $271,000,000 for Amtrak's debt
service payment as proposed by the House and the Senate, and
$15,000,000 shall be for Northeast Corridor Gateway projects as
proposed by the Senate. The agreement adopts the Senate bill
requirement that grants made after the first $200,000,000 be
provided only on a reimbursable basis.
Americans with Disabilities Act.--Under its compliance
plan with the Americans with Disabilities Act (ADA), Amtrak
would invest $175,000,000 during fiscal year 2010 for necessary
capital investments. The conferees understand that events
outside of Amtrak's control delayed these investments. However,
the conferees direct Amtrak to the best of its ability to
maintain this plan for complying with the requirements of ADA,
and modify bill language requiring Amtrak to invest no less
than $50,000,000 for ADA capital investments.
The conference agreement allows the Secretary to retain
up to one-half of one percent of the funds provided to fund the
costs of project management oversight of capital projects as
proposed by the House, instead of one-fourth of one percent, as
proposed by the Senate.
The conference agreement also allows the Secretary to
retain up to one-half of one percent of the funds provided to
fund the costs associated with implementing section 212 of
division B of Public Law 110-432.
The conferees direct Amtrak to report back within 60 days
on the process and procedures that are being implemented to
improve financial controls for on-time performance incentive
payments, and to establish accountability for the host railroad
billing.
CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS PASSENGER RAIL SERVICE
The conferees provide no funds for the Capital Assistance
for High Speed Rail Corridors and Intercity Passenger Rail
Service Program as proposed by the House. The Senate provided
$100,000,000 for the program. The conference agreement does not
require GAO to report on a vision and operational plan for high
speed and intercity passenger rail service or on states'
capabilities to develop and operate high speed and intercity
passenger rail service.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Section 150 retains a provision that ceases the
availability of Amtrak funds if the railroad contracts for
services outside the United States for any service performed by
a full-time or part-time Amtrak employee as of July 1, 2006, as
proposed by the House and Senate.
Section 151 retains a provision that allows FRA to
receive and use cash or spare parts to repair and replace
damaged track inspection cars as proposed by the House and
Senate.
Section 152 retains a provision that authorizes the
Secretary of Transportation to allow issuers of any preferred
stock to redeem or repurchase preferred stock sold to the
Department of Transportation.
Section 153 limits overtime to $35,000 per employee,
allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons, and requires notification to the House and Senate
Committees on Appropriations within 30 days of granting such
waivers.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The conference agreement provides $98,713,000 for the
administrative expenses of the Federal Transit Administration
(FTA) as proposed by the Senate instead of $94,413,000 as
proposed by the House. The conferees provided funds directly to
the Office of Inspector General for financial statement audits
and did not specify a dollar amount for travel.
The conferees direct FTA to include in its operating plan
a specific allocation of administrative expenses resources,
including a delineation of full time equivalent employees, as
proposed by the House. The conference agreement also requires
transfers exceeding 5 percent to be approved by the House and
Senate Appropriations Committees through the reprogramming
process outlined by the Senate. The conferees direct FTA to
include in DOT's operating plan how much will be allocated for
travel in fiscal year 2012.
FORMULA AND BUS GRANTS
(LIQUIDATION OF CONTRACT AUTHORITY)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations from the Mass
Transit Account for the formula and bus grant program to
$8,360,565,000 as proposed by the Senate, instead of
$5,200,000,000 as proposed by the House. The conferees
acknowledge that the specific programmatic distribution of
formula and bus grant funds will be determined through
legislation extending or reauthorizing the surface
transportation programs. The conference agreement includes a
liquidating cash appropriation of $9,400,000,000.
The conferees have directed that funding for bus rapid
transit projects proposed in the fiscal year 2012 budget
request under the capital investment grants account instead be
funded in the Bus and Bus Facilities program, where they are
also eligible. Projects requested in the administration's
budget to be funded from the formula are as follows:
CA Fresno, Fresno Area Express.......................... $17,800,000
CA Oakland, East Bay BRT................................ 25,000,000
CA San Francisco, Van Ness Ave BRT...................... 30,000,000
FL Jacksonville, JTA BRT................................ 6,443,200
MI Grand Rapids, Silver Line BRT........................ 12,887,943
TX El Paso, Mesa Corridor BRT........................... 13,540,000
WA King County, RapidRide E BRT......................... 21,629,000
WA King County, RapidRide F BRT......................... 15,880,000
CT Hartford-New Britain Busway.......................... 45,000,000
RESEARCH AND UNIVERSITY RESEARCH CENTERS
The conference agreement provides $44,000,000 for
research activities instead of $45,000,000 as proposed by the
House and $40,000,000 as proposed by the Senate. Of the amounts
provided, $3,500,000 is for the National Transit Institute,
$6,500,000 is for transit cooperative research programs and
$4,000,000 is for the university centers program. The conferees
direct FTA to report on all 2011 and 2012 FTA-sponsored
research by May 15, 2012. The agreement also provides
$25,000,000 for FTA to support the development of cutting-edge
new bus and transit technologies.
Rural transit.--In rural communities across the nation,
the conferees believe that transit plays an important role in
getting families and individuals from their homes to work,
medical appointments and day-to-day activities. In order for
rural transit service to be efficient, the community must
effectively coordinate transit services among human service
agencies and job providers. The conferees support continuing
FTA efforts to develop and demonstrate initiatives that will
assist rural and small communities in providing transit service
that will help individuals to get from home to the workplace.
CAPITAL INVESTMENT GRANTS
(INCLUDING RESCISSION)
The conference agreement provides $1,955,000,000 for
capital investment grants as proposed by the Senate instead of
$1,554,077,000 as proposed by the House. Of the amounts
provided, $35,481,000 is for the small starts program,
$21,004,000 is for administrative oversight activities,
$1,368,515,000 is for payouts for full funding grant
agreements, $510,000,000 is for projects entering into full
funding grant agreements in calendar year 2012 payable upon
grant award, $5,000,000 is for the Denali Commission, and
$15,000,000 is for Alaska and Hawaii ferries. Oversight and
audit activities performed by the Office of Inspector General
are funded out of the OIG account. Further, $58,500,000 of
prior year unobligated balances are rescinded.
The conferees direct FTA to refrain from signing any full
funding grant agreement with a new starts share greater than
60% as recommended in the Senate report. The House proposed
limiting FTA to projects with a 50% or less Federal share.
The conference agreement provides the following payouts
for new starts projects:
NY Long Island Rail Road East Side Access............... $203,424,000
NY Second Avenue Subway................................. 186,566,000
TX Dallas Northwest/Southeast........................... 81,606,000
UT Salt Lake City Mid Jordan LRT........................ 78,889,510
UT Salt Lake City Weber County.......................... 52,047,490
VA Northern VA Dulles................................... 90,832,000
WA Seattle University Link LRT.......................... 104,078,000
MN Central Corridor LRT................................. 93,144,000
FL Orlando Central Florida.............................. 47,308,000
CO Denver Eagle......................................... 140,920,000
TX Houston North Corridor............................... 94,616,000
TX Houston Southeast Corridor........................... 94,616,000
UT Salt Lake City Draper................................ 100,468,000
GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS REDUCTIONS
The conference agreement does not include funds for
energy efficiency grants as proposed by the House. The Senate
proposed $25,000,000 under this heading.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The conference agreement provides $150,000,000 as
proposed by the House and Senate to carry out section 601 of
division B of Public Law 110-432 to remain available until
expended. The conferees direct WMATA to continue with capital
improvement plans and not defer capital and safety investments
to offset operating costs.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this Act for (1)
projects under ``Capital Investment Grants'' and (2) bus and
bus facilities under ``Formula and Bus Grants'' that remain
unobligated by September 30, 2014 to be available for projects
eligible to use the funds for the purposes for which they were
originally provided.
Section 162 allows for the transfer of appropriations
made prior to October 1, 2011 from older accounts to be merged
into new accounts with similar current activities.
Section 163 allows unobligated funds in prior year
appropriations for new fixed guideway systems under ``Federal
Transit Administration, Capital Investment Grants'' to be used
in the current fiscal year to satisfy expenses for activities
eligible in the year the funds were appropriated.
Section 164 requires unobligated funds or recoveries
under 49 U.S.C. 5309 that are available for reallocation shall
be directed to projects eligible to use the funds for which
they were originally intended.
Section 165 allows the Secretary to use one percent of
section 5316 funds for program management oversight.
Section 166 provides funds for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(6)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities as
proposed by the Senate. The House proposed prohibiting funds
for 49 U.S.C. 5309(m)(6)(B) and (C).
Section 167 modifies a provision proposed by the House
limiting FTA to signing full funding grant agreements (FFGAs)
with a new starts share of 60% or less. The House proposed
limiting new FFGAs to projects with a Federal share of 50% or
less. The Senate did not include a similar provision.
Section 168 modifies a provision proposed by the House
permitting fuel and utilities for vehicle operations to be
treated as a capital maintenance item for grants made under
section 5307 in fiscal year 2012, up to $100,000,000. The
Senate did not include a similar provision.
Section 169 modifies a provision proposed by the Senate
regarding the enforcement of the charter bus rule for an area
in Washington State. The House did not include a similar
provision.
Section 169A allows the Secretary to consider significant
private contributions when calculating the non-Federal share of
capital costs for new starts projects as proposed by the
Senate. The House did not include a similar provision.
Section 169B modifies a provision proposed by the Senate
specifying all bus rapid transit projects recommended in the
fiscal year 2012 budget request under ``Capital Investment
Grants'' in this Act shall instead be funded from the formula
bus program. The House did not include a similar provision.
Saint Lawrence Seaway Development Corporation
Operations and Maintenance
(Harbor Maintenance Trust Fund)
The conference agreement includes $32,259,000 for the
operations, maintenance, and capital asset renewal of the Saint
Lawrence Seaway Development Corporation (SLSDC) as proposed by
the House instead of $34,000,000 as proposed by the Senate.
Maritime Administration
MARITIME SECURITY PROGRAM
The conference agreement includes $174,000,000 for the
maritime security program, as proposed by the House and Senate.
OPERATIONS AND TRAINING
(INCLUDING RESCISSION)
The conference agreement includes $156,258,000 for the
Maritime Administration's (MARAD) operations and training
account, instead of $151,889,000 as proposed by the House and
$154,886,000 as proposed by the Senate. Further, the agreement
rescinds $980,000 from prior year funds instead of $1,000,000
as proposed by the Senate. The House did not propose a
rescission from this account.
The conferees provide a total of $85,168,000 for the U.S.
Merchant Marine Academy (USMMA). Of the funds provided,
$62,268,000 is for Academy operations and $22,900,000 is for
the capital improvement program (CIP) of which $17,000,000 is
for capital improvements and $5,900,000 is for facilities
maintenance, repairs and equipment. The conferees did not
provide funds for replacing the midshipman fees or the
recruitment initiative, but did allocate an additional $250,000
for up to 5 additional staff to support and manage the CIP and
facility maintenance. The conferees do not include a
prohibition on the expenditure of funds for the commencement of
architectural and engineering studies as proposed by the House.
The conferees direct MARAD to provide a staff organizational
chart for the USMMA as directed by the Senate with the fiscal
year 2013 budget materials.
The conferees provide a total of $17,100,000 for the
state maritime academies, of which $3,600,000 is for direct
payments, $2,400,000 is for student incentive payments and
$11,100,000 is for schoolship maintenance and repair.
The conferees provide a total of $54,000,000 for MARAD
operations: $49,000,000 for headquarters operations, $4,000,000
for environment and compliance, and $1,000,000 for Marview. The
conferees direct MARAD to provide a report on the number of
vacancies at MARAD headquarters and regional offices, and the
duties associated with each vacancy concurrent with the fiscal
year 2013 budget submission.
SHIP DISPOSAL
The conference agreement includes $5,500,000 for the
disposal of obsolete vessels of the National Defense Reserve
Fleet as proposed by the House instead of $10,000,000 as
proposed by the Senate. The conferees recommend $3,000,000 for
the NS Savannah as requested.
The conferees direct MARAD to make best value
determinations and award ship recycling contracts no later than
90 days from the close of the ship specific solicitation. Upon
award announcement, MARAD shall disclose, in addition to the
price, other factors and criteria used to determine b